The complex nature of various medical malpractice claims also creates a nexus of confusion among ordinary people. Many a time we have observed, people asking with a volley of the question, which are important and need to have professional attention. We put a sincere endeavor to support our clients with most frequently asked questions answered with professional expertise.
In the United States, every state has its litigation laws and Montana is not different. Therefore, there could always be some differences in Medical Malpractice claim laws when comparing to other states in the USA.
Read further below:
- Is there any limit on Damages in Montana State?
Yes, there is a limit on non-economic damages. Medical malpractice claims are falling under non-economic damages. The damages for considerations are pain and suffering that may affect the claimants to enjoy a healthy life as a result of medical malpractice. Hence, the Montana non-economic damages have capped at $250,000. The cap limit is not applicable for meeting expenses of paying medical bills and loss of wages.
- Is there any statute of limitations?
Yes, like many other states in the US, Montana also do have “statute of limitations” which restrict filing a medical practice claim from the date of discovery of injury that has happened due to medical negligence. Within five years of the first injury, such claim has to be filled and not from the date of discovery of medical negligence.
For children below the age four to eight, the statute of limitation is three year and from the eight-year, onwards the children will have the benefit of the five-year statute of limitation.
You cannot file any medical malpractice claim after the set period of the statute of limitations.
- Do you need a medical panel report?
Before filing a medical malpractice claim, the medical cases have to be examined by the Montana Medical Legal Panel if the case not within the purview of a valid arbitration agreement. The medical panel consists of three health professionals and three attorneys. The medical panel report is an evaluation process to consider substantial evidence to confirm the medical standard of care. The finding of the panel is admissible to court but not binding as a legal document.
- Do you need an expert witness?
No, Montana law does not ask you to provide an expert witness to establish the claim. However, you are required to furnish an expert affidavit to prove your claim because in most of the cases the defended would argue that you have deviated the necessary course of adherence during treatment, and that was the reason for your present medical condition.
- Is it possible to re-open a medical malpractice case?
No. It is not possible to re-open a medical malpractice case after settlement because, at the time of settlement, you have to sign release documents that will stay as final and irrevocable.
- How can I get medical treatment records?
You have legal rights to get the medical treatment records. You can apply for the copies of the documents to the medical department by submitting your proof identity, or you can assign the task to your attorney.
The above are some of the major frequently asked question. If you need further assistance, feel free to contact our office.