People do get involved with medical malpractice issues. It is therefore; always advisable to have knowledge in this regard, irrespective of whether you are a patient, or a doctor. It is better that you have at least basic information in this regard.

In case you are a resident of Montana, then in that case, the following facts should be known to you:

1. As per the rules of the state, an act on the part of a medical practitioner, causing damage, injury or death to the petitioner is required to be reported within three years from the date of injury or the time of the discovery of the same, subject to a maximum time limit of five years.
2. The state has adopted the doctrine of modified comparative negligence, wherein, the petitioner is barred from recovery in case his negligence is found to be exceeding the total percentage of fault on the part of the accused. In other cases, the amount of recovery is reduced in proportion to the degree of negligence on the part of the petitioner. The rules also state that the party whose action or act of negligence is fifty percent or less of the total negligence of all the accused is severally liable only. In other cases, the accused is jointly as well as severally liable.
3. The rule also states that in case due to any reason the contribution from a party cannot be obtained totally, or in part, then in that case, each of the other accused shall be held responsible for contributing a proportionate share to the unpaid portion. The rules of the state also enable joint accused to be vested with the right of contribution in case of medical malpractice actions. The contribution is required to be sought against named defendants.
4. Barring a few exceptions, an expert testimony is required in order to establish a cause of action in case of medical malpractice. The medical practitioner providing such testimony is required to be properly qualified.
5. As per the rules of the state the amount that can be recovered by the petitioner from the accused, has been limited to $250,000 in case of non-economic damages, such as physical as well as mental pain, suffering, emotional distress, loss of companionship, or  reputation. Also, this regulation applies once to an injury only, even if it is caused by a series of acts, or the involvement of more than one provider.

The above mentioned facts are some of the basic rules that should be known to you, in case you are a resident of the state.

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