Browning, Kaleczyc, Berry, Hoven

In 1991, BKBH made a commitment to join the handful of law firms in Montana conducting medical malpractice defense. This commitment was a natural progression given our long-standing association as counsel for the Montana Hospital Association. Since that time, we have been retained by various medical malpractice insurance carriers to represent their insured health care providers. We have also become counsel to the Helena Health Alliance, which is a physician/hospital organization comprised of over 70 Helena area physicians. Our firm's central location in Helena provides convenient access for the physicians, hospital administrators and nurses who appear before the Montana Medical-Legal Panel, which sits in Helena and hears all medical malpractice claims filed in Montana. Due to our success in defending medical malpractice claims, medical malpractice defense has become one of the major components of the firm's litigation practice.

Over the past two decades, BKBH attorneys have handled hundreds of claims filed against physicians and hospitals in all parts of Montana. We have represented the total spectrum of practicing physicians including, but not limited to, anesthesiologists, family practitioners, internists, obstetricians and gynecologists, oncologists, orthopedic surgeons, pediatricians, and general surgeons. We have experienced a diverse array of medical issues including failure to diagnose breast cancer, amniotic fluid embolisms, hypoxic ischemic, encephalopathy, abdominal surgery, hantavirus, foreign objects etc. Of the cases defended, approximately half are dropped after the Panel proceedings, and the other half go on to further litigation. Of the cases advanced to litigation, we are able to secure dismissals, summary judgments, or settlements in the vast majority of those cases. However, when no alternative exists, we have vigorously defended cases at trial.

We believe we have obtained the trust and confidence of the insurers and the insured physicians we represent. As an area of specialization, BKBH is committed to expanding the role medical malpractice defense plays in the firm's overall practice.

Representative Cases:

Bueling v. Defendant Physician. (1997)
A 12 - 0 Great Falls jury found no negligence against Defendant Physician arising out of his treatment of Bueling for hantavirus. The jury deliberated 1 hour and 30 minutes on the 6th day.
Lander v. Defendant Physician. (1995)
A 12 - 0 HElena jury found no negligence by Defendant Physician in connection with x-ray and CT scan readings of Lander involving allegations of delayed diagnosis of esophageal cancer in this five-day trial seeking punitive damages. The jury deliberated 1 hour and 20 minutes on the 5th day. No appeal.
Waller v. Defendant Physician. (1993)
An 8 - 4 Sidney jury found no negligence by Defendant Physician in connection with an intra operative injury to Waller's small bowel during her surgery in 1989. The jury deliberated 1 hour 45 minutes on the eighth day of this trial involving allegations of unnecessary hysterectomy, battery, negli-gence, and punitive damages. The defense verdict was affirmed by the Montana Supreme Court on December 13, 1994.
In Re Silicone Gel Breast Implants Products Liability Litigation. (1994)
BKBH was designated as Montana's breast implant counsel for The Doctors' Company. We have been responsible for the coordination and management of the defense of eight different claims brought against plastic surgeons in Montana. BKBH has defended those claims as they proceeded through the Montana Medical Legal Panel, the proceedings before the Montana Breast Implant Coordinating Judge, and the Northern District of Alabama in the multi-district litigation above. To date, all of those claims against the plastic surgeons, have either been found to be lacking in merit as a result of proceedings before the Medical Legal Panel or otherwise voluntarily dismissed with the exception of one claim which remains in the Northern District of Alabama.
Snell v. Defendant Physician. (1998)
This case involves a traumatic delivery of a baby at the Indian Health Service at the Fort Belknap Indian Reservation. The mother was a 42 year old, insulin dependent diabetic who went into pre-term labor and the baby presented in a footing breach position. BKBH is defending the obstetrician gynecologist who was providing prenatal care to Mrs. Snell in Havre, Montana, some 40 miles from the Fort Belknap Indian Reservation. The child suffered asphyxia and has resulting brain damage. Plaintiffs have sued the United States of America and Defendant Physician.
For additional information on the health care practice at BKBH,

see Health Care Capability Statement.

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