If you believe you were harmed by medical negligence, it can be difficult to know what to do next. You may feel uncertain about whether your injury or worsening condition was an unfortunate incident or the result of malpractice. Before filing a claim, one of the most important steps you can take is to seek a second medical opinion.
At Conner, Marr & Pinski, we help clients throughout Montana understand their options after possible medical errors. Our attorneys have decades of experience reviewing complex malpractice cases and guiding clients toward the truth and toward justice when negligence occurs.
Understanding Medical Malpractice in Montana
Patients place immense trust in doctors, nurses, and hospitals to provide safe and appropriate care. But when that trust is broken, the results can be life-altering. Montana law allows patients harmed by medical mistakes to seek accountability, but proving malpractice requires more than showing a poor outcome. It means demonstrating that a provider failed to meet the professional standard of care expected in their field.
What Is Considered Medical Malpractice?
Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in harm to a patient. This standard is measured by what a reasonably competent professional would have done in similar circumstances. Common examples include:
- Misdiagnosis
- Surgical errors
- Medication mistakes
- Birth injuries
- Failure to monitor a patient properly
The harm that can be done by medical malpractice might even be worse than the original injury, or cause a worsening of conditions like a traumatic brain injury.
Why Medical Malpractice Cases Are Complex
To prove malpractice, you must show that a doctor or medical provider owed you a duty of care, breached that duty through negligent action or omission, and caused measurable harm. These cases are often complex and require detailed medical and legal analysis to confirm what went wrong.
Proving malpractice usually involves expert testimony, review of medical records, and consultation with specialists. That is why getting a second opinion is often the most important early step in determining whether you have a valid claim.
Why Get a Second Opinion Before Filing a Malpractice Claim in Montana
A second opinion provides clarity about your condition and the care you received. Another qualified physician can evaluate whether your original provider made an avoidable mistake or whether your outcome was within the range of accepted medical risk.
In some cases, a second doctor may uncover a misdiagnosis, a delayed treatment, or an error that directly worsened your condition. Having this confirmation from another professional can strengthen your potential malpractice claim and help your attorney build a solid case.
When to Seek a Second Medical Opinion
Timing matters when it comes to both your health and your legal rights. The sooner you seek a second opinion, the sooner you can confirm whether negligence may have occurred and begin taking steps to preserve critical evidence.
Signs You May Need a Second Opinion
You may want to consult another doctor if:
- Your condition worsens despite treatment
- Your provider dismisses your concerns or fails to explain your symptoms
- You are advised to undergo major surgery without clear justification
- Your diagnosis changes suddenly or seems inconsistent with your symptoms
- You suspect a medication or treatment error
- You feel that your provider is withholding information or avoiding accountability
Even if you trust your doctor, it is always reasonable to ask for confirmation from another professional when something feels wrong. Reputable physicians understand this and should support your decision to seek additional input.
How to Request a Second Opinion the Right Way
Start by gathering all your medical records, test results, imaging scans, and any documentation of your treatment history. You have a legal right to obtain these records under federal and state law.
When you meet with the new doctor, explain that you are seeking clarity about your diagnosis or treatment plan. Avoid framing the conversation as a legal matter at this stage; focus instead on understanding what happened medically. If the second doctor identifies errors or substandard care, share that information with your attorney so they can evaluate your legal options.
The Legal Value of a Second Opinion in a Malpractice Case
From a legal perspective, a second opinion can serve as valuable evidence. It may confirm that your initial provider acted negligently, that proper tests or procedures were overlooked, or that a treatment error caused additional injury.
Attorneys and expert witnesses often use second opinions to establish that the original doctor deviated from accepted medical standards. This can make a major difference when negotiating with insurance companies or presenting evidence in court.
In some situations, the second physician may even provide expert testimony to support your claim, further strengthening your case for compensation.
Montana Laws You Should Know Before Filing
Understanding Montana’s medical malpractice laws is crucial before moving forward with a claim. These laws determine how much time you have to act and what standards must be met.
Statute of Limitations for Medical Malpractice in Montana
Under Montana Code Annotated § 27-2-205, you generally have two years from the date of the injury or two years from when you discovered the injury to file a malpractice claim, whichever comes later. However, no claim can be filed more than five years after the act of malpractice occurred, regardless of when it was discovered.
Failing to file within this timeframe can permanently bar your claim, so it is important to speak with a qualified attorney as soon as you suspect something went wrong.
Montana also follows the modified comparative negligence rule under § 27-1-702, meaning your compensation may be reduced if you are found partially responsible for your outcome, but you can still recover damages if your fault is less than 51 percent.
How a Montana Medical Malpractice Lawyer Can Help
Medical malpractice claims require detailed legal and medical knowledge. A skilled attorney can help you evaluate your case, gather expert testimony, and handle negotiations with healthcare providers and insurance companies.
At Conner, Marr & Pinski, our attorneys have extensive experience handling malpractice cases across Montana. We understand how hospitals and insurers defend these claims, and we know how to uncover the truth through careful investigation and collaboration.
When to Contact Conner, Marr & Pinski
If you believe you were harmed by medical negligence, do not wait to get answers. The longer you wait, the harder it can become to gather medical records, contact witnesses, and preserve vital evidence that supports your case.
At Conner, Marr & Pinski, our attorneys take a hands-on approach to every malpractice claim we handle. We begin by carefully reviewing your medical records and treatment history to understand exactly what went wrong and how it affected your health. Our team works closely with trusted medical experts from across Montana and the region who can identify where a provider may have deviated from accepted standards of care.
Once we understand the full picture, we provide an honest assessment of your options. If your case has merit, we build a detailed strategy that may include securing expert testimony, calculating your financial losses, and documenting your pain, suffering, and long-term medical needs. We handle all communication with healthcare providers, hospitals, and insurance companies, allowing you to focus on recovery instead of paperwork and stress.
Contact us today at (406) 727-3550 to schedule a free, confidential consultation. We will listen to your story, explain your rights under Montana law, and help you make informed decisions about your next steps.
