PROFESSIONAL MALPRACTICE
The last few decades
have seen an increased tendency of parties to look for relief against professionals
when financial loss or personal injury has been caused by actions or omissions
which would not be expected from reasonably competent service. These
professionals include physicians and other medical providers, accountants,
lawyers, engineers, and a variety of other occupations. Both the legislatures
and the courts have responded by setting various guidelines for the protection
of those who have received such injury and for the protection of those professions. For
example, the Montana legislature created the Montana Medical-Legal Panel
and required that all claims for medical malpractice be filed first before
that tribunal for a confidential hearing before the claim can be filed with
a court of record. In several cases there are special statutes of limitation
-- the time period in which a claim can be filed -- which apply only to certain
fields of professional practice.
The presentation or defense of a professional
malpractice claim usually depends greatly upon sufficient preparation, adequate
research into the particular field under scrutiny, and securing superior
experts who are not only able to understand the basic principles involved,
but also are able to give testimony which will relate well to a jury. Several
lawyers at Moulton Bellingham have broad experience
in handling malpractice claims. Additionally, the firm has extensive
resources enabling it to develop the research and preparation necessary for
the presentation of a successful case. We also have access to a wide
variety of professional persons who are willing to act as expert witnesses
in such cases.