(406) 422 – 4522
info@plmontana.com 
PASSAMANI & LETANG PLLC
Medical Malpractice Actions
Medical malpractice occurs when a healthcare provider—such as a doctor, nurse, or hospital—fails to meet the accepted standard of care, resulting in injury or harm to a patient. These claims can involve surgical errors, misdiagnoses, medication mistakes, birth injuries, or failures to treat serious conditions. Medical malpractice cases are often complex, requiring expert testimony and detailed analysis of medical records. Our firm represents patients and families in holding negligent providers accountable, working to secure compensation for medical expenses, lost wages, pain and suffering, and long-term care needs. We approach each case with the diligence and sensitivity it deserves.
Wrongful death actions are complex litigation. We can help.
1. Recognize Potential Malpractice
Identify a possible injury or harm caused by a healthcare provider’s error, such as a misdiagnosis, surgical mistake, or failure to treat.
2. Request Medical Records
Obtain complete copies of the patient’s medical records to evaluate the care provided and any deviations from standard practice.
3. Consult a Medical Expert
Have a qualified medical professional review the case to determine whether the provider breached the standard of care and caused harm.
4. Comply with Montana’s Pre-Litigation Panel Requirement
In Montana, most medical malpractice claims must first go through the Montana Medical Legal Panel before a lawsuit can be filed. This panel reviews the case and gives a non-binding opinion on its merit.
5. File a Complaint (After Panel Review)
If the panel process is completed or waived, file a complaint in the appropriate district court to formally initiate the lawsuit.
6. Serve the Defendants
Serve the healthcare providers or institutions named in the lawsuit with the complaint and a summons.
7. Pretrial Discovery
Exchange evidence, conduct depositions, and work with experts to build the case for trial. This step can be lengthy and detail-intensive.
8. Settlement Negotiations or Mediation
All medical malpractice claims in Montana require a mediation. Many cases settle at this stage.
9. Settlement Negotiations or Mediation
Attempt to resolve the matter outside of court through negotiation or mediation.
10. Judgment and Appeals
If a verdict is reached, the court enters judgment. The losing party may appeal the decision if appropriate.
