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October 1, 2025

How to File a Medical Malpractice Lawsuit in Montana: Step-by-Step Guide

Conner Marr & Pinski

Filing a medical malpractice lawsuit in Montana follows a few important steps. It starts with sending a Notice of Intent to the Montana Medical Legal Panel, a group of healthcare professionals and attorneys who review your case. If they find there’s a valid claim, you can then move forward by filing a medical malpractice claim in district court. At Conner, Marr & Pinski, we work closely with clients at every stage, making sure you have the guidance and support you need throughout the process.

If you or a loved one has been hurt because of medical negligence in Montana, it helps to know your options. At Conner, Marr & Pinski, we guide clients through the process of pursuing a medical malpractice claim with clarity and care. Our goal is to help you understand your rights and take the right steps toward holding the responsible parties accountable.

Understanding Medical Malpractice in Montana

Medical malpractice happens when a healthcare professional doesn’t provide the level of care that’s considered standard, resulting in patient harm. Not every medical error counts as medical malpractice, as there has to be a clear breach of care that results in your injury. Knowing what qualifies as medical malpractice in Montana can help you understand your options and take the right steps with experienced legal guidance.

Common Examples of Medical Negligence Cases

Montana-Specific Laws That Impact Malpractice Claims

Who Can File a Medical Malpractice Lawsuit?

Step 1 – Confirm That Malpractice Likely Occurred

The first step in filing a medical malpractice claim in Montana is determining how your injuries may have happened. This means looking at the care you received and seeing if it meets the standard or care that other medical professionals would provide in similar situations. In Montana, a healthcare provider is expected to follow this standard of care, and showing that it wasn’t met is a key part of building your claim.

Signs You May Have a Valid Malpractice Claim

Step 2 – Meet Montana’s Legal Requirements

After you’ve determined that medical malpractice occurred, the next step is making sure your case meets Montana’s legal requirements. These rules are important because Montana has specific steps and timelines that must be followed for a medical malpractice claim to move forward. Working with an experienced personal injury attorney can help your family navigate this process, making sure all paperwork, deadlines, and procedures are handled correctly while providing guidance and support throughout your case.

Statute of Limitations for Medical Malpractice Lawsuits

In Montana, you typically must file your claim within three years of the injury or within three years of discovering the injury. Missing these deadlines can prevent your case from moving forward, which is why having an attorney track the timeline and help you navigate exceptions is so important.

Mandatory Pre-Suit Review Panel in Montana

Before a medical malpractice lawsuit can proceed, your case must go through the Montana Medical Legal Panel. Think of it as a first check to see if your claim has enough merit to be considered in court. This step is important because it helps determine whether the care you received fell short of the accepted medical standard. Working with an experienced medical malpractice attorney can help  make sure your case is presented clearly, giving you the best chance for a fair review.

Filing Deadlines and Exceptions

Step 3 – Gather the Necessary Evidence

The next step in a medical malpractice case is collecting the evidence that will back up your claim. Evidence helps show that the care you received didn’t meet the standard expected and directly caused your injury. An experienced medical negligence attorney can guide you through this process, making sure all important information is gathered and organized so your case is presented effectively. 

Evidence That Supports Your Case

Step 4 – File the Complaint in Court

Once your evidence is organized and you’ve completed the pre-suit requirements, the next step is filing your medical malpractice complaint in court. In Montana, medical malpractice lawsuits are filed in district court, which has the authority to hear civil cases involving claims of medical negligence. 

Filing a complaint officially starts your lawsuit and notifies the healthcare provider or facility that they are being sued. Having an experienced medical malpractice attorney guide you through this step ensures that your complaint includes all the necessary details and meets Montana’s legal requirements, giving your case a solid start.

What Goes Into a Medical Malpractice Complaint

Step 5 – The Litigation Process

Once your complaint is filed, your case enters the litigation phase. This is where both sides investigate the facts, exchange information, and prepare for trial if necessary. The process can take several months or longer, depending on the complexity of the case, but your attorney will guide you every step of the way, explaining what to expect, and handling the legal details so you can focus on your recovery.

Discovery Phase and Depositions

During the discovery phase, both sides gather information to support their case. This can include reviewing medical records, exchanging documents, and taking depositions, where witnesses and parties provide sworn testimony. Your attorney will coordinate this process, making sure all evidence is collected and that you are prepared if you are called to give a deposition.

Settlement Negotiations vs. Going to Trial

Many medical malpractice cases are resolved through settlement negotiations before reaching trial. Your attorney will negotiate on your behalf to reach a fair settlement that reflects the full extent of your injuries. If a settlement can’t be reached, your case will proceed to trial, where a judge or jury will determine the outcome.

Potential Damages Available in Montana

Challenges in Filing a Medical Malpractice Lawsuit

Pursuing a medical malpractice claim in Montana can be tricky. There are specific legal steps to follow, strict deadlines to meet, and the burden of proving that a healthcare provider’s actions caused your injury. Collecting detailed medical records, navigating the pre-suit review panel, and deciding whether to settle or go to trial can feel like a lot to manage on your own.

Why Legal Representation Matters

Working with an experienced attorney helps you navigate these challenges, making sure your case is prepared properly and giving you the best chance to seek the compensation you deserve. Attorneys can:

How a Montana Medical Malpractice Lawyer Can Help

Medical malpractice cases involve multiple steps, and each stage requires careful attention to detail and a clear understanding of Montana law. At Conner, Marr & Pinski, we care for our clients. Our team provides guidance and support at every step, helping you understand the process and protecting your rights while working toward the best possible outcome. 

Our medical malpractice lawsuit settlement results speak to the experience and dedication we bring to each case:

Talk to Conner Marr & Pinski About Your Medical Malpractice Case

If you or a loved one has been harmed by medical negligence, our compassionate attorneys are here to guide you through every step. From evaluating your case to filing your claim, we provide personalized support and trusted legal representation. Contact Conner, Marr & Pinski today to start your medical malpractice lawsuit in Montana. 

Feel free to reach out and speak with our experienced team of professionals who are here to provide you with guidance.
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