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A Great Falls medical malpractice lawyer represents patients harmed by a negligent doctor, hospital, or nursing staff.
Under the state law, most claims must first be submitted to the Montana Medical Legal Panel before a lawsuit can be filed.
Filing deadlines are short, economic damages are not capped, and non-economic damages are limited to [$250,000].
If you’re grappling with the aftermath of possible medical malpractice, you likely have a lot of questions.
Every Montana medical malpractice attorney at Conner, Marr & Pinski has many years of experience dealing with medical malpractice cases.
We are here to help you understand if you have a valid claim, explore your legal options, and guide you in getting the compensation you deserve for your injuries and suffering.
If you suspect that you or a loved one has been harmed due to the negligence of a medical professional, it’s essential to understand your rights and explore your options.
Don’t wait to seek clarity and support—reach out today.
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare provider fails to provide the appropriate level of care, and a patient is harmed as a result.
Not every poor outcome indicates a valid claim.
In Montana, the law asks a specific question: would a reasonably skilled doctor in the same specialty, dealing with the same situation, have acted differently?
Handling these requires thorough records, an independent expert review, and experience in real court cases.
That’s why these claims are some of the most challenging in personal injury law.
Choosing the right Montana medical malpractice lawyer is more important here than in almost any other type of case.
Typical examples include surgical errors, misdiagnosis or delayed diagnosis, birth injuries, medication and anesthesia mistakes, failure to monitor a patient after surgery, and untreated hospital-acquired infections.
Contact Conner, Marr & Pinski for a free review
| Filing deadline | [2 years] from the date of injury or discovery, and no more than [5 years] from the date of injury (MCA § 27-2-205) |
| Injured children | Extended deadline for a child hurt before age 4 — until the 8th birthday or 3 years, whichever is later |
| Required first step | Application to the Montana Medical Legal Panel before filing suit (MCA Title 27, Ch. 6) |
| Effect on deadline | Panel filing pauses the limitations period during review |
| Non-economic cap | [$250,000] (MCA § 25-9-411) |
| Economic cap | None |
| Expert testimony | Generally required for standard of care and causation |
| Who can be sued | Doctors, nurses, hospitals, clinics, surgical centers, and in some cases their employers |
Montana does not let a patient walk straight into court.
With limited exceptions, the law requires that claims first go to the Montana Medical Legal Panel — a review body of physicians and lawyers that reviews the records and issues a non-binding opinion on whether the standard of care was breached.
The panel is not a trial. There is no judge or jury, and the panel’s opinion does not decide your lawsuit.
Nevertheless, it does influence what happens next.
A strong submission puts pressure on the insurer early, while a weak one gives the defense a document they can use for many years.
Here are two important points that people often don’t hear.
First, filing with the panel stops the deadline, so you won’t lose your right to sue.
Second, the panel’s opinion usually cannot be used in court. Therefore, a negative outcome is not the end of your case.
We prepare panel applications as we prepare for a jury because that’s what it takes.
Every claim rests on four things, and the burden is on the patient.
A provider-patient relationship must exist. Once a doctor accepts you, the law imposes a duty to treat you with the skill a reasonably competent provider in that specialty would use.
The main issue in the dispute is proving a breach. This usually requires a qualified expert in the same field to provide testimony.
The breach must have actually caused the harm. Defense lawyers fight hardest here, arguing an underlying illness produced the outcome. This is the hardest element to prove.
There must be documented loss: additional surgeries, permanent disability, lost income, long-term care, or death.
Montana separates compensation into two categories, and the distinction determines the value of an injury lawsuit.
Economic loss carries no limit — past and future medical bills, lost wages, lost earning capacity, rehabilitation, in-home care, assistive equipment.
If a surgical error costs a 40-year-old their career, the full lifetime value of that career is recoverable.
Non-economic loss is capped at [$250,000]: pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium.
The cap applies per claim, not per defendant — which is exactly why documenting financial loss thoroughly has such a large effect on value.
If your situation is not listed, call anyway (406) 727-3550.
Part of our job is telling you when you do not have a malpractice claim, and we would rather do that in a free consultation than leave you wondering.
Conner, Marr & Pinski have represented injured Montanans for decades, and our lawyers try cases rather than simply settling them.
Hospital insurers know which firms are willing to take a claim to trial, and that changes what they offer.
We fund the expert review ourselves — records, independent physician opinions, litigation expenses — and you owe nothing unless we recover money for you.
No charge for the initial consultation, no obligation afterward.
What are the chances of winning a medical malpractice lawsuit?
Most defendants win in malpractice cases that go to trial. Plaintiffs typically succeed about one out of five times. However, this number can be misleading.
Strong claims often settle before trial, while weaker claims are usually filtered out early on. What really matters is how strong your claim is after an expert reviews it, not the national average.
What are the four things that must be proven?
To prove a claim, you need to show four things: duty, breach of care, causation, and damages.
If you miss any one of these, your claim will not succeed.
What is the medical malpractice cap in Montana?
Montana caps non-economic damages such as pain and suffering at [$250,000] per claim. Economic damages — medical expenses, lost wages, future care — are not capped.
This is why carefully documenting financial loss has such a significant impact on a claim’s value.
What is the hardest element to prove?
Causation. It’s usually clear that a patient got worse; the real question is whether the provider’s actions caused this decline or if it was due to the underlying disease.
To prove causation, you generally need a credible expert in the same field and a clear timeline based on the medical records.
How long do you have to file in Montana?
Generally, 2 years from injury or from reasonable discovery, and never more than 5 years from the injury.
Children injured before age 4 have longer.
Because filing with the Medical Legal Panel pauses the clock, the practical timeline is more complicated than the statute suggests — and waiting is the most common way people lose a valid malpractic claim.
Do I have to go through the Medical Legal Panel first?
In most cases, yes, with narrow exceptions. Skipping the step can get a case dismissed.
Do I need an expert witness?
Almost always. The state court system requires expert testimony on the standard of care and causation, except where an error is obvious to a layperson.
Our firm retains and pays for those experts.
How much does it cost to hire a lawyer?
Nothing upfront. We work on contingency — our fee is based on the recovery, and you owe no attorney fees if the claim does not succeed. Litigation costs are advanced by the firm.
Who can be sued?
Doctors, surgeons, nurses, anesthesiologists, radiologists, pharmacists, hospitals, clinics, and nursing facilities, and an employer may share liability for an employee’s conduct.
Can I recover if I signed a consent form?
Usually yes. A consent form documents that you accepted the known risks of a procedure. It does not authorize negligence.
If you believe a doctor or hospital harmed you, the sooner a malpractice lawyer reviews the records, the better. Deadlines run, memories fade, and the panel process takes months.
Call (406) 727-3550 for a free, confidential case review. No fee unless we win.
Feel free to reach out to an experienced medical malpractice attorney from our legal team, who is here to provide you with guidance.
