How Does Medical Malpractice Differ from Negligence in Montana?

In Montana, medical malpractice specifically involves a healthcare provider’s failure to meet the standard of care, resulting in patient harm, while general negligence refers to a broader failure to act with reasonable care in various contexts, causing injury.

Understanding Medical Malpractice and Negligence

In Montana, both medical malpractice and general negligence involve harm caused by someone’s failure to exercise proper care. However, the specifics of each type of case differ significantly, particularly in legal standards and requirements.

Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in the medical community, resulting in harm to the patient. This can include actions such as misdiagnosis, surgical errors, and medication mistakes.

Key Elements of Medical Malpractice

1. Duty of Care: The healthcare provider owed a duty to the patient.
2. Breach of Duty: The provider breached this duty by acting outside the standard of care.
3. Causation: The breach directly caused harm to the patient.
4. Damages: The patient suffered specific damages as a result (physical, emotional, financial).

General negligence refers to a broader category where an individual or entity fails to act with the level of care that a reasonable person would in similar circumstances, leading to injury or damage. Examples include car accidents, slip and falls, and product liability cases.

Key Elements of Negligence

1. Duty of Care: The defendant owed a duty of care to the plaintiff.
2. Breach of Duty: The defendant breached this duty.
3. Causation: The breach caused the plaintiff’s injury.
4. Damages: The plaintiff incurred actual damages.

Statute of Limitations

Medical Malpractice: In Montana, the statute of limitations for filing a medical malpractice lawsuit is two years from the date of injury or from the date the injury was discovered or should have been discovered, whichever is later.

Negligence: The statute of limitations for general negligence is three years from the date of injury.

Expert Testimony

Medical Malpractice: Typically requires expert testimony to establish the standard of care and how it was breached. This helps to prove that the healthcare provider’s actions were not aligned with what is expected in the medical field.

Negligence: While expert testimony can be useful, it is not always necessary. For example, in a car accident case, witness testimony and physical evidence might suffice.

Defendants

Medical Malpractice: Often involves healthcare providers such as doctors, nurses, and hospitals.

Negligence: Can involve individuals, businesses, or property owners depending on the circumstances of the case.

Filing a Claim

Medical Malpractice: In Montana, medical malpractice claims often require a pre-litigation panel review. This step is designed to assess the merits of the case before it proceeds to court. The process aims to filter out frivolous claims and promote settlements without lengthy litigation​ 

Negligence: General negligence claims do not typically require this preliminary review, allowing plaintiffs to file their cases directly in court. This can expedite the process but also places greater emphasis on the initial investigation and evidence gathering​.

Evidence and Testimony

Medical Malpractice: These cases usually hinge on complex medical evidence and expert testimony. Medical experts are essential to establish the standard of care and demonstrate how it was breached. The reliance on expert witnesses can make these cases costly and procedurally intricate​.

Negligence: While expert testimony can be useful, particularly in cases involving technical issues (e.g., product liability), many negligence cases rely more heavily on factual evidence and witness statements. This can simplify the trial process but also means that the quality of direct evidence becomes crucial​.

Damages and Compensation

In both medical malpractice and negligence cases, plaintiffs can seek various types of damages:

Economic Damages: These include medical expenses, lost wages, and other quantifiable financial losses.

Non-Economic Damages: These cover pain and suffering, emotional distress, and loss of enjoyment of life.

However, the calculation and awarding of these damages can differ:

Medical Malpractice: Due to the specialized nature of these cases, calculating damages often requires detailed medical records and expert evaluations. Future medical needs and long-term care costs are also considered​.

Negligence: While economic damages are similarly calculated, non-economic damages in general negligence cases can be influenced by the severity of the injury and the circumstances of the incident. For example, a car accident resulting in permanent disability would warrant higher compensation for pain and suffering compared to a minor slip and fall​.

Medical Malpractice Examples

• Misdiagnosis: A doctor fails to diagnose a serious condition like cancer, leading to worsened health outcomes.
• Surgical Errors: A surgeon makes a mistake during an operation, such as operating on the wrong site.
• Medication Mistakes: A patient is prescribed the wrong medication, resulting in severe side effects or health deterioration.

General Negligence Examples

• Car Accidents: A driver runs a red light and causes a collision.
• Slip and Falls: A property owner fails to clear ice from their sidewalk, leading to a pedestrian’s injury.
• Product Liability: A defective product causes injury to a consumer.

Conclusion

Understanding the nuances between medical malpractice and general negligence is crucial when seeking legal recourse for injuries in Montana. Medical malpractice involves specific standards related to healthcare and often requires expert testimony, whereas general negligence encompasses a broader range of scenarios and sometimes simpler evidence.

If you believe you have a case involving either medical malpractice or negligence, it’s important to consult with experienced attorneys who can help navigate the complexities of your case. At Holloway and Hulling, we specialize in both areas and are committed to providing the legal support you need. 

Contact us today to schedule a free consultation with one of our expert attorneys.

Let us help you understand your legal rights and pursue the compensation you deserve.

Call (406) 880-7424 or schedule a consultation here.