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Statutes of Limitations in Montana: Is It Too Late To Sue?

Originally appeared in Signature MT Magazine Vol. 14, Issue 2, 2021 Suffering a personal injury as a result of someone else’s negligence can result in unexpected and in some cases major expenses, including medical bills and lost wages from missing work. If you intend to take legal action, it’s crucial to pay attention to the statute of limitations (or statute of repose). Once this period of time has passed, there is no way a court can help you right your wrong. Civil statute of limitations in Montana There are two types of statutes of limitations, criminal and civil. Let’s examine civil statutes a bit more in depth. Not only do the rules set an expiration date, but they may also have special stipulations that require administrative action before a case can be filed in court. They can...

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Did your doctor's error constitute malpractice?

Most people realize that medicine is not an exact science and that doctors can, and do, make mistakes. "Routine" operations can wind up being anything but, patients can suffer serious reactions to anesthesia or new medications and treatments can fail to heal life-threatening conditions. While all of the above scenarios are indeed unfortunate, they might not rise to the level of medical malpractice. In the past century, there have been amazing breakthroughs combating some of the world's worst diseases. But medicine is not magic. What distinguishes mistakes from malpractice? The underlying principle of good medical practices is the standard of care. Essentially, this means that in their treatment of patients, physicians must always meet or exceed professional standards of medical practices....

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Accidents and semitrucks: The risk is great

The truckers who help to transport goods around the country have an important role in commerce. For the most part, these truckers are safe drivers who take pride in racking up miles of safety-critical incident-free hauls. Even so, when you are driving around truckers, there is always a chance that something amiss will occur and lead to an accident. If you are involved in an accident with a semitruck, you must report the accident to the authorities. You might also need to seek medical care for any injuries you suffer. Ultimately, you have to find out the cause of the crash. These often fall into one of several categories. Here are some of the most common: Equipment failure When the equipment on a truck isn't functioning properly, there is a chance that the semitruck will crash into...

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Social media could ruin your car insurance claim

If you have been involved in a car accident in the state of Montana, it is important that you understand how the specific laws of the state will determine the way that you should progress. Montana's diverse landscape, albeit beautiful, can present some hazards that can affect visitors and natives alike. Since Montana is an "at-fault" state, it is vital that you treat even a minor incident very seriously. The law and car insurance in Montana Montana is an "at-fault" state, meaning that the person who is deemed to be at fault in an accident will be liable for all of the damages. This is upheld by the Modified Comparative Fault rule, otherwise known as the 51-percent Bar Rule. This means that if you are only found to be 25 percent at fault, you can still be awarded damages. However,...

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Nursing errors: The many causes of nursing errors

Nursing errors come in many shapes and forms. A nurse thinking she's doing patients a favor by sneaking them a favorite food could actually hurt their recovery, just like one who misses a patient's medication schedule could harm the individual. Nurses have many responsibilities when caring for a patient. They're meant to follow a doctor's orders, monitor patient recovery and accurately record when medicine or care is given so the doctor can make adjustments if needed. Nurses help create a path of communication for patients, but they have to listen and interpret the patient's feelings while also performing their duties. What leads to nursing errors? Several nursing errors have become prominent in the medical field, including medication errors, infections, equipment injuries...

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