Healthcare providers and medical facilities must protect the health and safety of their patients. Medical malpractice, therefore, refers to the harm suffered by a patient as a result of a healthcare provider’s or a facility’s negligence.
At Conner, Marr & Pinski, we provide focused representation for victims of medical malpractice throughout Montana. Our lawyers have secured millions of dollars on behalf of our clients. We will fight to make sure that you receive the recovery you deserve if you were injured due to a healthcare provider’s negligence.
Were you the victim of medical malpractice in Montana? We can help. Contact our office at (406) 727-3550 to schedule a free initial consultation.
What Is Medical Malpractice?
Medical Malpractice results from the negligence of medical professionals that causes a patient to sustain injuries or death. Medical malpractice lawsuits seek to recover compensation for the injured patient and shed light on misconduct to protect future patients from harm. In order to meet the standard for medical malpractice, an injured party must show that a healthcare provider failed to provide a reasonable standard of care resulting in their harm.
Individuals injured by medical malpractice may be entitled to damages such as compensation for their:
- Medical bills
- Future treatment
- Lost wages
- Future loss of earning capacity
- Other injury-related losses
We often represent individuals injured when medical professionals fail to properly treat and diagnose, hospitals cause infections, or serious surgical errors occur.
Who Can File a Medical Malpractice Claim?
Any person who has suffered injury or harm as the result of a healthcare provider’s negligence may file a claim based on medical malpractice. A healthcare provider may include a doctor, nurse, hospital, or other entity.
Our firm has investigated and litigated claims involving:
- Surgical errors
- Cancer treatment and diagnosis
- Birth injuries
- Emergency room neglect
- Ob-gyn care
- Nursing home neglect
- Hospital negligence
- Misdiagnose and failure to diagnose
- Mental health care and treatment
- Improper consent for medical procedures
- Brain and spinal cord injuries
- Pharmaceutical injuries.
These kinds of cases are very complex and require extensive investigation and preparation. We hire world-class medical experts on these cases to achieve the best possible outcome for our clients. At Conner, Marr, & Pinski our clients become family, which is why we will always fight for the best possible outcome.
Establishing Liability in Medical Malpractice Cases
To receive compensation from any injury case, certain elements of the case need to be proven. Suffering side effects or an unsuccessful procedure alone are not enough to support a medical malpractice claim. instead you need to demonstrate the following three points:
- The medical provider owed you a duty of care.
- They breached that duty
- This breach directly caused your injury, illness, or condition.
The first element is usually straightforward—when a medical professional agrees to treat you, they are obligated to take reasonable steps to avoid harm. However, the real challenge often lies in proving the breach of duty and connecting it to your injury. Proving these elements usually requires a skilled and experienced medical malpractice attorney.
How Long Do You Have To File a Medical Malpractice Claim in Montana?
Due to the statute of limitations, time is of the essence for filing a medical malpractice claim in Montana. A statute of limitations is a state law that sets a time limit on how long you have to file a lawsuit. Filing a lawsuit after the medical malpractice statute of limitations deadline passes will likely result in your lawsuit being dismissed. Currently, the statute of limitations is two years for medical malpractice claims, but effective July 1, 2025, the statute of limitations will be extended to three years. However, there are nuances that may extend or shorten this period depending on the specifics of your case.
There are two events that can start the clock for the medical malpractice statute of limitations:
- The date that you were injured
- The date you discovered or should have discovered that you were injured
If your injury wasn't discovered immediately, the clock may start ticking from the moment you reasonably should have known about the malpractice. This is known as the "discovery rule". However, even with this rule, there's a hard cutoff: claims cannot be brought more than five years after the malpractice, regardless of when it was discovered.
Filing within the statute of limitations is important to the success of your case. Missing this deadline likely means losing your right to compensation, no matter how strong your case may be. Consulting with an experienced medical malpractice attorney as soon as possible to make sure that your claim is filed on time.
Injured by Medical Malpractice? Contact Our Office.
Were you injured by medical malpractice in Montana? Contact our office at (406) 727-3550 to schedule a free initial consultation.
