Montana Medical Malpractice Attorneys – How to File a Medical Malpractice Case in Montana

What is Involved in Bringing a Medical Malpractice Case in Montana?

When a plaintiff thinks they’ve been wronged by a physician or a hospital in Montana, they have to bring the claim to the Montana medical legal panel before they can file a lawsuit in District Court. And for example, if I was representing an orthopedic surgeon, the panel would be made up of three orthopedic surgeons and three lawyers randomly selected from the State Bar. The panel is tasked with determining whether there is any merit to the lawsuit. They’re not deciding whether there was negligence or not, they’re deciding whether there is evidence of potential negligence or not.

The panel decision is a non-binding finding, but lots of times, it still creates doubt in the minds of the plaintiff’s lawyer (e.g., Does he really have a case or does she really have a case?), and it tells the defense lawyer, wow, they have a case or they don’t have a case.

What Happens After a Montana Medical Legal Panel Determines Medical Malpractice May Exist?

If a Montana medical legal panel determines there is merit to the medical malpractice claim, a plaintiff is then entitled to file a lawsuit in district court in the venue where the alleged incident transpired. For example, if an individual was injured here in Helena, the case would be filed in Helena.

How Long Does It Take to Get a Trial Date for a Medical Malpractice Lawsuit?

A schedule is entered by the judge in medical malpractice cases, and a trial date is typically set around a year to a year and a half after a case is filed.
In the interim, the parties engage in what is called discovery, during which each side is entitled to ask written questions, take depositions of the plaintiffs and physicians, and consult with experts.

Is Expert Testimony Needed in Montana Malpractice Lawsuits?

Yes. Expert testimony is typically a necessary step because individuals can’t get to a jury with a medical malpractice case unless you have an expert that says this physician breached the standard of care, and as a result, the plaintiff is injured.

As experienced Montana medical malpractice lawyers, we regularly work with medical and other experts, working to build strong and compelling medical malpractice claims.

Call Today to Schedule A Consultation with An Experienced Medical Malpractice Attorney.

Regardless of whether you are contemplating filing a medical malpractice claim or need help defending against fraudulent allegations, as Montana medical malpractice attorneys with decades of experience, we can tenaciously advocate for your rights and the best possible outcome.

Call our office today to schedule a consultation to learn how our medical malpractice lawyers can assist with your matter.