Bozeman, MontanaBozeman Birth Injury
Bozeman Birth Injury Lawyers: Labor, Delivery and Newborn Injury Claims in Gallatin County
Boland Aarab PLLP.
A birth injury claim is a medical malpractice claim. For a Bozeman family, it usually must go to the Montana Medical Legal Panel before a lawsuit, and then to the Eighteenth Judicial District Court in Bozeman. For a child injured before age four, the two-year deadline generally does not begin until the child’s eighth birthday.
Worried that something went wrong during your baby’s birth in Bozeman? Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Where are babies born in the Gallatin Valley, and what can go wrong?
Most Gallatin Valley births happen at the Family Birth Center at Bozeman Health Deaconess Regional Medical Center on Highland Boulevard. It includes labor and delivery, mother-baby care and what Bozeman Health describes as Southwest Montana’s first neonatal intensive care unit.
The NICU opened in 2020 as a Level II unit, designed for babies born at about 32 weeks or later and weighing about 1,500 grams or more, with plans announced at the time to move to Level III care (St. Peter’s Health announcement, Jan. 2020). That matters in practice: a baby born earlier, smaller or sicker than a unit is equipped to handle must be recognized quickly and transferred, sometimes out of the valley. Families from Livingston, Ennis, Big Sky and the surrounding area often travel to Bozeman to deliver, which adds time and distance when a pregnancy turns high-risk.
The injuries that most often raise questions include:
- Hypoxic-ischemic encephalopathy (HIE): brain injury from lack of oxygen, often tied to how fetal distress on the heart monitor was recognized and acted on.
- Delayed C-section: when monitoring showed trouble and the decision or the delivery came too late.
- Shoulder dystocia and brachial plexus (Erb’s palsy) injuries from excessive traction during delivery.
- Missed infections or jaundice in the first days, and delays in transfer to a higher level of newborn care.
- Maternal injuries, including hemorrhage and complications of preeclampsia that were not managed in time.
What happens after a birth injury in Bozeman?
Get the records, all of them. The key evidence is the fetal heart monitoring strips, nursing notes, medication records, the NICU chart, transfer records and the hospital’s electronic audit trail. Ask for the complete record, including the monitor strips, not just a summary.
Early answers matter for your child’s care. A diagnosis of HIE, cerebral palsy or a brachial plexus injury shapes early therapy. We work with the child’s doctors and therapists so the medical plan and the legal case support each other.
The panel and the court. Claims against physicians and licensed health care facilities, including hospitals, must be submitted to the Montana Medical Legal Panel before a lawsuit (§§ 27-6-103, 27-6-301, 27-6-701, MCA). After the panel, a case against Bozeman providers is filed in the Eighteenth Judicial District Court at the Gallatin County Law and Justice Center, 515 South 16th Avenue (§ 3-5-101, MCA). If the baby was transferred and care at the receiving hospital is also at issue, claims may involve another county, and federal claims go to the federal court’s Butte Division for Gallatin County (D. Mont. L.R. 1.2). A settlement for a child usually requires court approval.
Montana law that applies
Our Montana birth injury lawyer page covers the details:
- Children’s deadline: for a child injured before age 4, the two-year malpractice clock generally starts at the child’s eighth birthday, or at the child’s death if that comes first (§ 27-2-205(2), MCA). Parents’ own claims, such as medical expenses, may run on a different clock.
- The panel pauses the deadline while the claim is pending (§ 27-6-702, MCA).
- Noneconomic damages are capped in malpractice cases; future medical care, therapy and lost earning capacity are not (§ 25-9-411, MCA).
- Qualified experts are required (§ 26-2-601, MCA).
Why hire a Great Falls firm for a Bozeman case?
Birth injury cases last years and depend on the right obstetric, neonatal and life-care experts, most of whom practice outside Montana. We are based in Great Falls, represent families statewide, and our attorneys travel to Bozeman to meet with you at home or wherever is easiest, and for depositions, hearings and trial. We have no Bozeman office. Some families also prefer a firm with no ties to the local medical community.
The Boland Aarab Way
- We build the case for trial, with more than 4,000 hours of courtroom experience behind it.
- We plan for appeal. Our appellate record reaches back to 1977 (appellate results).
- We are active in the trial bar. Both attorneys are AAJ and MTLA members; Caitlin Boland Aarab is an AAJ Governor.
- We stay with your family. The attorneys you meet are the attorneys who handle the case.
We also handle medical malpractice cases in Bozeman and brain injury cases in Bozeman. See our Bozeman personal injury page.
Frequently Asked Questions
Our baby was born at Bozeman Deaconess and transferred to another NICU. Can there still be a claim? Yes. A transfer is not itself a sign of error, but the timing of the decision, the care before transport and the care at the receiving hospital can all be reviewed.
How long do we have to file a birth injury claim in Montana? For a child injured before age 4, the two-year clock generally starts at the eighth birthday. Parents’ own claims can have a shorter deadline, so do not wait.
Do birth injury claims go through the Medical Legal Panel? Usually. Claims against hospitals and physicians must be submitted to the panel before a lawsuit is filed in Bozeman.
What records should we request from the Family Birth Center? The complete chart, including fetal heart monitor strips, nursing notes, medication records, the NICU record and the electronic audit trail.
Can a birth injury case help pay for lifelong care? Yes. Future medical care, therapy, equipment and lost earning capacity are recoverable and are not subject to Montana’s cap on noneconomic damages.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
