Med Mal Law Firm Serving Whitefish, Columbia Falls, Billings, Bozeman, Missoula, Kalispell, Great Falls, Miles City, and All Across the State
If you or a family member have suffered injuries due to the negligence of a doctor, hospital, or other health professional, finding the right medical malpractice lawyer is critical. There are time considerations that can impact your ability to pursue your case in court, so it’s therefore imperative to contact an attorney to determine your rights.
Each med mal case is different and each requires a unique approach based on the kind of injuries involved, the type of physician or practice at issue, and the acts which occurred. What all of these cases have in common is what must be proved under Montana law in order to have a successful claim.
In Montana, like other states, we are concerned with whether a doctor, nurse, hospital, etc. violated the governing standard of care. The standard of care is all about the particular situation and what the proper treatment was for the patient.
A physician could have either committed an improper act or failed to act altogether.
The incident could have occurred during surgery, a delivery, an emergency room visit, or even during a routine checkup with the person’s primary care doctor. For example, if your doctor should have been alerted to a condition you were suffering from but ignored it (either because he/she didn’t know but should have known, thought it was unimportant, etc.), that could be grounds for a viable med mal case.
Types of Medical Malpractice and Medical Neglect Cases
The following is a list of possible situations where medical malpractice or medical neglect could have occurred. This is not an exhaustive list of all possibilities:
Medical Negligence Leading To Serious Personal Injuries and Death
As a result of poor treatment from a doctor or hospital, claims arising for serious bodily injury and even wrongful death are possibilities. One simple error during a crucial moment of treatment could be to blame.
The negligence could have been from a surgeon not doing a procedure correctly (or even operating on the wrong body part altogether), a nurse allowing a patient to have too much or too little of a drug, an ICU not properly intubating a person, and so on.
Again, each situation is different as are the consequences that follow. No matter what happened, if a health provider either did something or failed to do something, and you can point to a resulting injury or death, you may have a viable claim that a lawyer like Philip McGrady can help you with.
Nursing Home Negligence Cases Fall Under Montana Medical Malpractice Statutes
Lawsuits involving the neglect and abuse of elders in our state’s nursing homes fall under Montana’s Medical Malpractice Statutory scheme. Therefore, it is important to talk to a lawyer specializing in this field as these statutes have different requirements than some of Montana’s negligence laws.
The Law On Medical Malpractice In Montana
Medical Legal Panel Act
What you might not know about med mal law in the big sky state is that we have the “Montana Medical Legal Panel Act” found at Mont. Code Ann. 27-6-101 et seq which requires these kinds of claims to be submitted to a medical legal panel before the case will be heard by a court.
According to this Act, its purpose is “to prevent where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded.”
What does that mean? It means that your case, no matter how egregious or serious the negligence committed by the doctor, you must present your case to the panel first. The reason for this requirement is to protect the public reputations of doctors and other healthcare providers.
Any time someone files a lawsuit in a Montana court alleging medical malpractice, some newspaper like the Billings Gazette or the Great Falls Tribune won’t publish a story telling about the case. Therefore, the name of the physician, hospital, or practice is withheld and the public doesn’t hear about the patient who was hurt or killed under their care.
While the panel might be good for medical professionals, it could be bad news for victims who have been injured by their acts or omissions. Certain requirements must be strictly followed when dealing with the medical legal panel.
If you or your law firm get something wrong, don’t follow the rules, or fail to file on time, the case could be lost. You also need to anticipate the amount of time it will take to get your case prepared before it can be submitted to the medical legal panel.
After Hospital Negligence, The Clock Is Ticking
After hospital negligence and/or medical malpractice, keep in mind that there is a statute of limitations in place. See Mont. Code Ann 27-2-205. That means you only have so much time after the incident to get your case filed. This is yet another reason why it is crucial to contact a lawyer immediately. Don’t wait until it is too late.
Taking On Doctors and Hospitals Located Anywhere In The State
You need excellent legal representation for a medical malpractice case in Montana, no matter where in the state the treatment occurred. The McGrady Law Firm can handle your med mal case anywhere in the state, no matter the location, the hospital, or doctor.
It is no secret that doctors travel all over our state to treat people or perform surgeries. For example, a surgeon at St. Vincent Hospital in Billings might fly to Missoula to perform operations at Community Hospital or St. Patrick’s. The same doctor might then fly to Helena where he does surgery at St. Peter’s Hospital. He could even be back home for dinner at his home in Yellowstone County.
In the same way these physicians routinely fly across the state to treat patients, Philip McGrady does the same thing and travels wherever his clients need him. It is imperative to find the best medical malpractice lawyer, not necessarily the law practice located closest to you.
For instance, you might live in a well-populated city like Great Falls or Missoula but for some reason you just can’t find the right firm for you. Or, you might live in Eastern Montana and the availability of attorneys is a major obstacle.
Just like other civil lawsuits that Mr. McGrady handles, you need the best possible representation, not necessarily the firm closest to you. No matter where you live, he will be present for all court proceedings, depositions, medical legal panel hearings, etc.
Med mal litigation can sometimes take years until trial or settlement. The vast majority of work (like ordering and reviewing medical records, insurance settlement talks, preparing for trial, contacting expert witnesses, etc,) can be done from the McGrady Law Firm’s Billings area office. So why settle for mediocrity when you and your family can benefit from an experienced and knowledgeable medical malpractice lawyer like Philip McGrady.
Speak To An Attorney About Your Med Mal Case Now
The firm offers potential medical malpractice clients a free evaluation of their cases from an attorney. The evaluation is kept strictly confidential and there are no strings attached.
Thinking that you might have to sue a doctor or hospital for negligent treatment can seem intimidating. You might also think talking to a lawyer about the personal details of your case will make you uncomfortable. Philip McGrady understands these concerns.
Rest assured he has assisted countless individuals who were in the same situation. Had clients not come forward with their claims, they would have never been able to collect damages and move on with their lives.
Don’t hesitate to call (406) 322-8647 or fill out our contact form. The McGrady Law Firm is ready and willing to answer your questions.