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…
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…
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…
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…
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 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…
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…