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Compensation for death due to medical negligence

Residents of Billings, Montana, may have a friend or loved one who was injured or died due to medical negligence. According to Montana law, if a patient is injured or dies due a medical mistake, substandard care or misdiagnosis, reimbursement for medical damages and pain and suffering can be addressed through a legal filing.

Claims of medical negligence can only be made validly if the patient can prove the allegations made against the physician, other medical staff and medical facility. An injured patient or the family of a deceased patient need to validate that the medical staff and facility involved did not fulfill their medical responsibilities or that accepted standards of medical care were not followed during treatment. They also need to prove that the injury received should be awarded compensation.

State law dictates that the court determines whether all the defendants listed are liable to pay compensation, together or individually. According to legal statute, if more than one person is found guilty in case of a medical negligence, the compensation award has to be paid by all those held liable. If one or more of the accused is unable to pay damages, the court can decide how that amount will be divided among the other defendants.

Montana statute determines the percentage of negligence for each defendant involved in order to determine joint and individual liabilities. If one defendant is held responsible for more than 50 percent of the negligent action and damages incurred, the court can order a larger part of the liability be paid by that party. The remaining amount can be held jointly or individually among the remaining defendants.

One party can be held responsible for the negligence of another party, if both defendants acted in coordination. A patient who has suffered due to medical negligence can consult a legal practitioner to file a claim for damages.

Source: NCSL.org, "Medical Liability/Malpractice Joint and Several Liability Statutes," April 21, 2014

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