Solomon Neuhardt, Attorney at Law
Medical malpractice is fundamentally professional neglect by a health care provider, wherein the treatment or diagnosis deviates from the accepted medical standards. Unreasonable delay in providing treatment amounts to medical malpractice as well. Additionally, a medical professional may be sued for malpractice if a procedure is performed without the patient’s consent ("informed consent"), even if it was carried out according to established medical standards.
The regulations of medical practice vary from state to state, which may seem complicated to an average individual. The best action plan in case of a medical malpractice is to hire a reputed lawyer without delay. Solomon Neuhardt is one of the most banked on names in medical malpractice law in Montana
Different Cases of Medical Malpractice
Misdiagnosis or a failure to diagnose is the most common case of medical malpractice. The payouts in this case are the highest, particularly when the malpractice is related to grave conditions, such as a heart attack, and breast, lung or colorectal cancer. Other situations that can be classified as medical malpractice include:
- Surgical mistakes
- Anesthetic errors
- Drug interactions and adverse reactions to medical procedures or drugs
- Incorrect diagnosis
- Birth defects
- Dental malpractice
- Nursing home abuse
- Institutional sexual abuse
Medical Malpractice: Statute of Limitations
The statute of limitations is the period within which a lawsuit against medical malpractice can be successfully filed. The length of this statute varies from state to state, and from situation to situation. In Montana, a medical malpractice case against wrongful death must be presented to the court by the deceased person’s family or estate within three years of the incident. The statutory period may be extended to five years in some cases or in personal injury cases.
The standard Montana medical malpractice statute of limitations is applicable to minors who are 4 years and older. The 3-year Montana statute of limitations for minors below the age of 4 commences on their eighth birthday.
Disputing Medical Malpractice Successfully
To make a successful malpractice claim, first ensure that your condition is actually a result of medical negligence or malpractice. Remember, several drugs, procedures and surgeries have known side effects and risks. These are considered “normal” and do not qualify for a medical malpractice claim. Some State medical malpractice laws require the plaintiff to go through various pre-suit screenings to ensure the validity of the claim. However, in some states the plaintiff’s attorney is responsible for investigating the validity of a claim and filing an affidavit with the court, vouching for the claim’s authenticity.
Why Hire an Attorney to Dispute your Medical Malpractice Case?
Provided a claim is genuine and is filed within the statute of limitations, you may succeed in receiving complete medical care against the medical error. You may even succeed in obtaining additional monetary compensation for the physical and mental damage caused by the malpractice.
Hire an established lawyer to help you present your case to the court and receive adequate damage compensation. Solomon Neuhardt, a Member of the American Association for Justice and the Montana Trial Lawyers Association, is one of the most recognized names in medical malpractice law in Montana.
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