Car accidents are unfortunately a common occurrence on the Montana roadways. So much so that it almost beggars belief that doctors would be unfamiliar enough with the potential injuries resulting from an automobile crash that they would make a misdiagnosis or a surgical error that led to a worsened medical condition for an accident sufferer.
In fact, most doctors that handle the emergency intake of accident victims and the ongoing treatment necessary for their recovery are exceptionally well organized and good at their jobs. Sometimes, it is the overburdened hospital system and the complex interrelated web of internal paperwork that results in medical malpractice.
Medical malpractice claims are not exactly the same as other types of injury cases. There are specific limitations due to the high risk of many medical procedures. As explained on FindLaw, medical malpractice can apply to a variety of different professionals, including:
- Lead surgeons
- Physician’s assistants
Montana has specific laws that define govern actions for medical malpractice. State law defines them as actions in tort or contract against a limited number of types of individuals or corporations. That means that injured parties could potentially seek damages under this law if a doctor — or even a hospital — was negligent, malicious or broke a contractual agreement and that action then led to the injury in question.
Montana statute also sets a specific deadline for people to file one of these claims. However, those who have been injured may do well to analyze the details case on an individual basis rather than giving up hope because of an expired deadline. Under certain conditions, courts might consider acting even if an injury occurred quite a long time ago.