Laws vary from state to state, but the elements of a health care liability claim for medical malpractice or medical negligence are generally:

• a physician or health care provider is a defendant;

• the claim or claims at issue concern treatment, lack of treatment, or a departure from accepted standards of medical care or health care, or safety, professional, or administrative services directly related to health care;

• the defendant owed the plaintiff a duty of care;

• the defendant breached its duty of care by not meeting the required standard of care; and

• the defendant’s act or omission proximately caused the plaintiff’s injury (was the primary cause of the injury).

In Montana, medical malpractice claims are governed by both state statutes and case law. The elements of a health care liability claim in Montana are consistent with the general outline provided. Specifically, the plaintiff must establish that the health care provider, such as a physician, owed a duty of care to the patient, breached that duty by failing to adhere to the accepted standards of medical practice, and that this breach was the proximate cause of the patient's injury. Montana law requires that medical malpractice claims be filed within three years of the date of the injury or within three years of the date when the injury was discovered or should have been discovered, but in no event more than five years from the date of the act or omission giving rise to the injury. Additionally, Montana has a Medical Legal Panel, which reviews claims before they proceed to court, although the panel's decision is not binding on either party. It's important for plaintiffs to adhere to these procedural requirements to maintain a viable medical malpractice claim in Montana.