Articles Posted in Montana

Under Montana law, anyone who has been the victim of sexual abuse or assault can file a civil lawsuit against not just the person who abused them, but also against churches, schools, or other third parties who negligently enabled the abuse to happen. This post will look at the basic elements of a sex abuse lawsuit in Montana. We will also analyze the potential settlement value of Montana sex abuse lawsuits.

Definition of Sexual Abuse in Montana

Sexual abuse and sexual assault are defined in Montana as any deliberate sexual touching or contact without the other individual’s consent, motivated by sexual gratification, arousal, or humiliation.

The law in Montana is that a medical malpractice plaintiff has the burden of proving through qualified, competent expert testimony what the alleged applicable standard of care is, how the alleged standard has been allegedly breached, and how the alleged breach has causally resulted in the alleged injuries.   This is the law in most jurisdictions.

Montana Medical Legal Panel Act

The Montana Medical Legal Panel Act (MMLP) requires a threshold review of malpractice claims against healthcare providers. Accordingly, medical negligence claims this Act must first submit the case to the Panel for consideration.

In Kipfinger v. Great Falls Obstetrical & Gynecological Associates, the Montana Supreme Court reinstated a medical malpractice birth injury lawsuit against the remaining defendant, who had not yet settled the claim.


A pregnant woman arrived at Benefis Hospital in Great Falls, Montana, past her expected due date. An independent OB/GYN on call examined the patient’s prenatal records and found nothing significantly noteworthy. An attending nurse placed an electronic fetal heart rate monitor (EFM) on the woman’s abdomen, producing a fetal heart rate (FHR) record in relation to her contractions. This data can indicate whether the fetus is sufficiently oxygenated or at risk of hypoxic brain injury due to low oxygen supply.

In this post, we will provide an overview of the law of personal injury in Montana. We will also provide summaries of recent jury verdicts and publicly reported settlements in Montana injury cases.

Montana 3-Year Statute of Limitations in Injury Cases

Like all states, Montana has a strict deadline for how long a plaintiff can wait before filing a civil lawsuit. This law is known as a statute of limitations. If the plaintiff does not file their case before the statute of limitations expires, they will lose their right to sue.

In an unreported opinion last month, the Supreme Court of Montana decided an appeal of an order granting a motion for judgment as a matter of law in favor of a doctor in Yellowstone County. The court found that the patient failed to present expert testimony that the doctor breached the standard of care in obtaining informed consent before performing surgery.

Facts of Greene v. McDowell

The Montana Supreme Court decided Higgins v. Augustine yesterday. This lawsuit involved a dispute over whether a doctor had breached the standard of care during a circumcision.

The lawsuit alleged that the doctor was negligent in performing the procedure, causing the child to suffer an injury, and sought damages. The case went to trial, and the jury returned a verdict in favor of the doctor. However, the plaintiff appealed the District Court’s decision to exclude specific evidence related to a witness’s expert testimony.

During the trial, the expert witness testified that the injury suffered by the child was not consistent with the use of the correct tools and suggested that the doctor may have used incorrect scissors or misused the correct scissors. However, the plaintiff had not adequately disclosed the witness’s opinion promptly, leading the defendant to move for its exclusion. The District Court agreed, and the plaintiff appealed this decision.

The Montana Supreme Court affirmed an $850,000 award to the parents of a baseball player who tragically died after being struck by a ball hit with an aluminum baseball bat.

If your kids are playing baseball – particularly if they are pitching – you have thought about these facts. An 18-year-old boy is pitching in an American Legion baseball game and gets hit in the head. Just an awful case that makes you question whether or not your kids should be playing any sport. There is no completely safe game.

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