Medical providers, including doctors, nurses, medical staff, and facilities, must provide every patient with the same professional standard of treatment and care. To obtain a settlement, you must have evidence their services, actions, or lack of actions failed to meet the standard.
A skilled personal injury attorney could help prove that if the patient had received treatment from another competent doctor in a similar circumstance, there would have been a better outcome. Sometimes, providers make mistakes, but specific elements must be present to prove fault. Schedule a meeting with one of our Missoula medical malpractice lawyers to determine if you have cause for a case.
Some of the reasons people pursue compensation for damages they suffered because of provider malpractice include the following:
One of our Missoula medical malpractice attorneys could provide guidance and support throughout the civil court process.
Proving fault to collect a settlement for medical malpractice cases relies on establishing the presence of four distinct elements.
The case must show that the medical professional treated the patient and had a legal duty to provide the accepted benchmark of quality healthcare services. The accepted standard of medical professional care means the skill set, knowledge, and practices used by other providers in similar circumstances.
Breach of care means that rather than following the standard protocols and procedures other medical professionals would have, a deviation caused mistakes while diagnosing or treating the individual. Their actions fell below the bar, which caused the patient harm.
Causation is evidence of a direct link between the medical services the patient received and the injuries they sustained. A bad outcome is not a valid cause for legal action; there is usually potential for a negative outcome during procedures.
Damages are evidence that the plaintiff sustained demonstrable harm because of the healthcare provider. Examples include evidence of economic losses, such as hospital bills for a long stay, medical records, or expert testimony.
Patients or their surviving families may pursue legal action to recover payment for their damages and losses caused by malpractice against any licensed healthcare professional or facility. That list includes physicians, surgeons, mental health, dental hygiene, laboratory technicians, and more.
Under the Montana Code Annotated § 27-2-205, the injured person must petition the civil court to commence an action within two years of the procedure date or date they discovered the damages. However, they must file the suit for all cases within five years, regardless of the discovery date. One of our medical malpractice lawyers in Missoula could help build a powerful case to establish the necessary elements and ensure compliance with the guidelines of state regulations.
Medical malpractice can leave patients with disabilities, financial losses, and traumatized. You trust you are in good hands and will receive the professional standard of medical care, and when careless mistakes occur, you must hold the negligent person accountable.
Our compassionate and skilled Missoula medical malpractice lawyers can provide legal advice and guidance and help you through the complicated civil court process. Call soon to schedule an appointment and review your case.
(406) 721-9700