Articles Posted in Montana

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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.  This post will look at the basic elements of a sex abuse lawsuit in Montana. Our lawyers also analyze the potential settlement value of Montana sex abuse lawsuits.

If you have a potential claim for sex abuse or assault, contact our attorneys today at 800-553-8082 or get a confidential case evaluation online.

Definition of Sexual Abuse in Montana

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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.

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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.

Facts

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.

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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.

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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

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