Suing a Public vs. Private Hospital for Malpractice in Montana: Key Differences

When hospital malpractice leads to serious injuries, patients often turn to the legal system for justice. In Montana, the type of hospital you are suing—whether it’s a public or private institution—can significantly affect the legal process. While both types of hospitals owe patients a duty of care, there are critical differences between suing a public hospital versus a private one. These differences can influence everything from how long you have to file a claim to the potential outcomes of your lawsuit.

Below, our Montana hospital malpractice lawyer explores the key differences between suing public and private hospitals for malpractice in Montana, providing crucial information to help you understand your legal options.

Public vs. Private Hospitals: What’s the Difference?

Before diving into the legal distinctions, it’s important to understand what separates public and private hospitals. Public hospitals are typically owned and operated by government entities, such as city, county, or state governments. They are funded by taxpayer dollars and are usually part of a broader government healthcare system. Private hospitals, on the other hand, are owned by private entities or organizations and often run as for-profit institutions or non-profit organizations. Their funding comes from private sources, insurance reimbursements, and patient fees.

The ownership and funding structure of a hospital is critical because it impacts the legal processes involved in filing a malpractice lawsuit.

Key Differences When Suing a Public vs. Private Hospital in Montana

Governmental Immunity and the Montana Tort Claims Act

One of the most significant differences when suing a public hospital is that these institutions may be protected by governmental immunity. In Montana, public hospitals are often considered government entities, which means they are subject to the Montana Tort Claims Act (MTCA). Under this law, governmental entities, including public hospitals, are protected from certain types of lawsuits, and there are limitations on the claims that can be brought against them.

However, the MTCA does allow malpractice lawsuits against public hospitals under certain conditions, but there are restrictions. For example, you must follow specific procedures when filing a claim, and certain damages may be capped.

On the other hand, private hospitals are not protected by governmental immunity and can be sued directly without these procedural hurdles. Private hospitals are generally subject to the same legal standards as any other private business, meaning you don’t have to navigate the additional legal frameworks that apply to public hospitals.

Notice of Claim Requirements

When suing a public hospital in Montana, you are required to provide a formal notice of claim before filing a lawsuit. The Montana Tort Claims Act mandates that anyone intending to sue a public entity must submit this notice, which outlines the nature of the claim and the damages being sought. In most cases, the hospital has six months to respond to this notice. During this period, the government entity may investigate the claim and decide whether to settle, deny, or take other action.

Private hospitals, on the other hand, are not subject to this notice requirement. You can file a lawsuit directly in a court of law without having to wait for a response from the hospital. This makes the process of suing a private hospital more straightforward and quicker to initiate than suing a public institution.

Shorter Statute of Limitations for Public Hospitals

Another major difference involves the statute of limitations—the deadline by which you must file a malpractice lawsuit. In Montana, the statute of limitations for medical malpractice claims against private hospitals is generally three years from the date of the injury or from when the injury was discovered (or should have been discovered).

However, the rules are more stringent for public hospitals. Under the Montana Tort Claims Act, claims against government entities, including public hospitals, typically have a shorter statute of limitations, often two years from the date of the injury. Missing this deadline can result in your claim being dismissed, regardless of its merits. It is crucial to act quickly if you suspect malpractice in a public hospital setting to avoid losing your right to sue.

Damage Caps and Limits

In malpractice cases, damages refer to the compensation awarded to the injured party for medical expenses, lost wages, pain and suffering, and other losses. In Montana, non-economic damages (such as pain and suffering) in medical malpractice cases are capped at $250,000 for both public and private hospitals.

However, there may be additional limits when suing a public hospital due to governmental immunity. For example, punitive damages (which are awarded in cases of egregious wrongdoing) are typically not available in cases involving public hospitals. Private hospitals do not enjoy the same immunity, so plaintiffs may have more opportunities to seek punitive damages in cases of extreme negligence.

Trial and Settlement Procedures

The procedures for trial and settlement also differ between public and private hospitals. When suing a public hospital, cases may be subject to additional scrutiny and may take longer to resolve due to the involvement of government attorneys and additional bureaucratic processes. Public hospitals may be more inclined to settle claims out of court to avoid lengthy legal battles and protect taxpayer funds.

On the other hand, private hospitals may be more flexible in their approach to settlements. They may be quicker to negotiate, particularly if they wish to avoid negative publicity or a drawn-out court process. Additionally, private hospitals might have insurance companies handling the claim, which can streamline the settlement process.

Have Questions? Our Montana Hospital Malpractice Lawyer Can Help

Suing a public or private hospital for malpractice in Montana involves different legal challenges, and understanding these key differences is crucial when determining your best course of action. Public hospitals are protected by governmental immunity and the Montana Tort Claims Act, which imposes specific rules on how claims must be filed and limits on damages. Private hospitals, however, are not subject to these additional legal protections, making them easier to sue.

Regardless of whether the hospital is public or private, it’s essential to consult with an experienced Montana hospital malpractice attorney. They can help you navigate the legal process, ensure you meet the necessary deadlines, and build a strong case for compensation.

Taking swift legal action can make all the difference in protecting your rights and seeking justice for the harm you’ve suffered due to hospital malpractice. Contact our office today.