Can Patient Sue Montana Doctor Two Years After The Surgery?

Question: Is there a time deadline on filing a malpractice claim against a back surgeon who put a fusion in my neck improperly two years ago? Not only do I still suffer from pain, but suffer more intense pain and increased mobility difficulties surrounding my neck.




Answer:  A patient has three years from the date of the alleged malpractice, or the discovery of the facts supporting notice of an event, to file a complaint in a Montana district court.  Prior to filing a complaint, the patient must present the claim to the Montana Medical Legal Panel, a mandatory, but non-binding mediation process.  The time limits are temporarily suspended during the time needed for mediation. 

Failure of the surgery to alleviate your pain is not malpractice.  You must show a significant mistake was made during the surgery.  Scarring and other reasons give your doctor plenty of cover from liability.