A Worland or Billings Medical Malpractice Attorney at Ragain and Clark Will Fight for You
No one who entrusts their health and well-being to a health care professional expects to suffer an injury due to a medical mistake or negligence. Each year, thousands of people are victims of surgical errors, misdiagnoses and other types of negligence on the part of a doctor, nurse or other health care provider. At Ragain & Clark, PC, our medical malpractice attorneys advocate for people who are suffering pain and serious injury due to medical malpractice. If you’ve been injured due to the negligence or intentional misconduct of a healthcare professional in Montana or Wyoming, our firm will provide compassionate and comprehensive guidance every step of the way. Contact us for a free, confidential evaluation of your medical malpractice claim with a Billings medical malpractice attorney or any of our Wyoming attorneys.
*Medical Malpractice Verdicts & Settlements
We have secured the following verdicts in medical malpractice cases:
- 1M - Medical malpractice
- 400k - Negligent optometrist
- 380k - Medical malpractice
Pursuing a Medical Malpractice Claim in Billings, Worland and More
Medical malpractice occurs when a healthcare professional fails to adhere to the standard of care required for their role and circumstances. In Montana and Wyoming, the standard of care is based on what a reasonably prudent health care provider in the same or similar circumstances would have done. This standard will vary from case to case, depending on a range of factors, including the specialized training of the treating healthcare professional, the geographic location, access to resources, and the nature of the plaintiff’s condition.
At Ragain & Clark, PC, our experienced medical malpractice attorneys represent clients in a wide range of medical malpractice claims, including, but not limited to, the following:
- Hospital Negligence
- Misdiagnosis & Delayed Diagnosis
- Birth Injuries
- Medication Errors
- Surgical Errors
- Anesthesia Errors
Our Worland and Billings Medical Malpractice Attorneys Can Help You Prove Your Medical Malpractice Case
Every injury case has certain components or elements that must be proven to be entitled to receive compensation. Medical malpractice cases are no different. The fact that you suffered side effects or the procedure was unsuccessful is insufficient to support a claim for medical malpractice. Instead, you will need to prove the following elements:
- The doctor, hospital, or other medical provider owed you a duty of care;
- They breached that duty; and
- The breach of their duty caused your injury, illness, or condition.
In most medical malpractice cases, proving the first element is not difficult - when a medical professional agrees to provide medical treatment, they take on a duty to make a reasonable effort to prevent harm. Instead, the challenge lies in proving that they breached that duty and that the breach caused you harm. Establishing these elements typically requires the involvement of an experienced Billings medical malpractice lawyer.
The Standard of Care for Montana and Wyoming Medical Professionals
Determining whether or not the doctor or hospital breached their duty to you requires that you prove that they failed to meet the standard of care. The standard of care is essentially the degree of care and skill that a reasonably competent medical provider would exercise in the same or similar circumstances. It is important to note that Montana also applies a “locality” rule in determining the standard of care. For instance, doctors in rural areas with limited resources and access to equipment will not be held to the same standard as medical professionals in larger cities. In other words, whether or not the doctor failed to meet the standard of care will likely be measured against other physicians in their community.
Determining whether your doctor breached the standard of care is complicated and requires both knowledge of the law and a careful analysis of the facts. This is why it is important to consult with a Billings medical malpractice attorney if you believe you have suffered as a result of medical malpractice.
Our Billings Medical Malpractice Attorney Explains What You Need to Know About Informed Consent Forms
One of the common misconceptions that many people have is that they cannot pursue a medical malpractice claim if they signed an informed consent form. An informed consent form should explain the following to the patient:
- An explanation of the condition to be treated
- The nature of the procedure or treatment to be performed
- Possible alternative procedures
- The potential risks and complications associated with the procedure
The doctor or hospital does not need to disclose every possible risk, just the material or important risks associated with that particular procedure. If the doctor performs the procedure without first obtaining the patient’s informed consent, they would be liable to the patient for any subsequent issues.
There are two important things to remember when it comes to informed consent:
- Even if you signed the form, you may still be able to pursue a medical malpractice claim if the doctor failed to explain it or discuss it with you.
- The fact that you signed the informed consent form does not relieve the doctor of their obligation to provide treatment according to the standard of care.
Medical malpractice cases are incredibly complex. If you believe that you are a victim of medical malpractice, you should speak with a Billings or Worland medical malpractice attorney as soon as possible.
How Our Worland and Billings Medical Malpractice Attorneys Can Help
With over 40 years of experience handling complex medical malpractice cases, we can leverage our expertise and resources to evaluate the merits of your case, investigate the incident and identify the parties at fault.
We will guide you through the legal process, answer your questions and deal with insurance companies. We work with you to develop a strong case strategy and prepare a compelling case. We also have developed an extensive network of experts who can provide medical testimony to explain what went wrong during your course of treatment. Most importantly, we will pursue justice and seek full compensation for your lost wages, medical expenses and pain and suffering.
Our Billings Medical Malpractice Attorney Answers Your Questions
What is the time limit for filing medical malpractice claims?
The time limit, known as the statute of limitations, generally starts running on the date of treatment/surgery or when an injury or illness is identified by a healthcare professional. Wyoming law establishes a two-year statute of limitations and Montana establishes a three-year limit. Because it may be difficult to pinpoint the date your cause of action commenced, we encourage you to schedule a free consultation with one of our lawyers to discuss and preserve your claim.
Is there a damages cap for medical malpractice lawsuits?
Wyoming law does not impose any damage caps. Montana limits non-economic damages to $250,000, although in certain circumstances we have been able to circumvent the application of that cap. Other damages such as lost earnings and medical expenses are not subject to the non-economic damage cap. Our firm helps patients and their families pursue maximum compensation in order to assist with their financial burdens and help them move forward with their lives.
Will my Billings medical malpractice attorney be able to recover damages from multiple defendants?
In a medical malpractice claim, the plaintiff may be able to file an action against multiple parties. For example, an injured patient might file a claim against the doctor as well as the hospital where the act of negligence occurred. Medical malpractice claims are not limited to medical doctors. Chiropractors, nursing home administrators, dentists and lab techs are among the potential defendants who can be sued in a medical malpractice action. It is important to consult with a Montana or Wyoming medical malpractice attorney to explore your options if you or a loved one was harmed by someone in the medical field.
Contact an Experienced Medical Malpractice Attorney for a Free Consultation
Ragain & Clark’s team of attorneys have over four decades of experience representing individuals who have suffered a devastating outcome due to medical negligence. While no one can turn back time, our compassionate lawyers will fight for justice and help bring financial security.
Call 406-651-8888 or send us a message online to set up a free and confidential consultation with an experienced Wyoming or Billings medical malpractice attorney at Ragain & Clark, PC. We look forward to assisting you at our Billings or Worland office locations.
*Past results should not be construed to create an expectation of result in any other case. The facts and circumstances of your case may be different and must be evaluated on its own merit.