Law Firm of Edmiston & Colton
Free Initial Consultation
Call 406-545-0889

$150,000,000

In Verdicts And Settlements

Over

65 Years

Combined Legal Experience

2000

Cases Resolved

View Blog Navigation

Proving medical malpractice in court


Montana residents place a lot of trust in their doctors. But sometimes doctors make mistakes, and when a mistake leads to injury or a worsened medical condition, a patient may have a claim for medical malpractice.

In most medical malpractice cases the plaintiff seeks to prove negligence on the part of the physician, the hospital or other medical professionals. To prove medical professional negligence, the patient must show the doctor in question failed to meet the accepted standard of care in his or her specialty. The patient must first show what level of care is generally adhered to by physicians in that area of practice. Montana law requires that another doctor who practices in the same specialty must give expert testimony as to the applicable standard of care. The patient must also present expert testimony showing the doctor in question failed to meet that standard of care.

A plaintiff can also recover for medical malpractice if they prove a lack of informed consent led to their injury or worsened condition. Informed consent means the doctor discussed with the patient the risks and potential benefits of the proposed surgery, procedure or course of treatment and obtained the consent of the patient to go forward.

The doctor is also required to discuss with the patient the risks and benefits of alternate procedures and the risks and benefits of taking no action. If the patient can show the doctor did not fully inform them of all the risks and alternatives, and injury resulted from the lack of informed consent, the patient may be able to recover compensation.

Source: Findlaw, "Proving Fault in Medical Malpractice Cases," accessed on March 9, 2015

No Comments

Leave a comment
Comment Information
Email Us For A Response
Contextual

Your Future Can Be Brighter

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Super Lawyers American Assciation For Justice The Best Lawyers In America State Bar Of Montana

Keep In Touch

-

Law Firm of Edmiston & Colton
310 Grand Ave
Billings, MT 59101

Toll Free: 877-413-7681
Phone: 406-545-0889
Fax: 406-259-1094
Map & Directions

Review Us