Havre, MontanaHavre Birth Injury
Havre Birth Injury Lawyers: Labor and Delivery Errors, HIE, Cerebral Palsy and Newborn Transfer Claims on the Hi-Line
Boland Aarab PLLP.
Most babies on the Hi-Line are born safely. When something goes wrong in a Havre delivery, the questions are usually about timing. Did the team recognize fetal distress in time? Did it deliver quickly enough? Was the newborn stabilized and transferred to intensive care at the right moment? Montana birth injury claims usually go to the Medical Legal Panel first. For a child injured before age 4, the 2-year deadline generally runs from the child’s eighth birthday.
If you believe your child was injured at birth, you deserve clear answers. Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
How does birth care work in Havre?
Northern Montana Hospital’s Labor & Delivery unit. The hospital in Havre uses LDRP rooms, where the mother labors, delivers, recovers and stays postpartum in one room. The hospital says its team provides 24/7 anesthesia coverage and that staff are trained in the S.T.A.B.L.E. program for neonatal stabilization (NMHC Labor and Delivery). Those are real capabilities. They also define the standard the hospital holds itself to: anesthesia available for an emergency cesarean, and staff trained to stabilize a newborn in distress.
When a newborn needs more. Havre does not have a neonatal intensive care unit. A baby who needs one is usually transported to the Benefis NICU in Great Falls, about 110 miles south on US-87, where neonatologists and neonatal nurse practitioners provide care around the clock (Benefis). A high-risk pregnancy may be referred there before delivery. On the Hi-Line, the key decisions are made hours ahead:
- recognizing a high-risk pregnancy early enough to deliver where a NICU is available;
- deciding in time to transfer a laboring mother before the delivery becomes an emergency;
- stabilizing a newborn properly while the transport team is on its way, including in winter weather that can delay ground and air transport.
Prenatal care from other providers. Families from Fort Belknap and Rocky Boy’s may receive prenatal care through the Indian Health Service or a tribal health program and then deliver in Havre or elsewhere. Care at an IHS facility, or at a tribal program operating under a federal self-determination contract, is generally a Federal Tort Claims Act claim against the United States (25 U.S.C. § 5321(d)). A written claim must be presented within 2 years (28 U.S.C. § 2401(b)). The FTCA does not have the Montana rule that delays the deadline to the child’s eighth birthday. A single birth can therefore raise both a federal claim and a state claim, each with a different clock.
What injuries are involved?
The injuries we investigate include hypoxic-ischemic encephalopathy (HIE), a brain injury from lack of oxygen; some forms of cerebral palsy; brachial plexus injuries, such as Erb’s palsy after shoulder dystocia; and injuries from forceps or vacuum delivery. Maternal injuries count too, including postpartum hemorrhage that was not recognized and treated.
What happens after a birth injury in Havre?
Records first. Ask for the complete record for both mother and baby. That includes the fetal heart monitoring strips, nursing notes, medication records, the neonatal resuscitation record, the transport team’s record and the NICU chart. Ask for the hospital’s electronic audit trail too, which shows who entered what and when. In a Havre-to-Great Falls transfer, these records are held by at least three providers.
The Medical Legal Panel. Claims against Montana physicians and licensed facilities generally must go to the Montana Medical Legal Panel before a lawsuit (§ 27-6-701, MCA).
Courts. A lawsuit over a Havre delivery is generally filed in the Twelfth Judicial District Court at the Hill County Courthouse, 315 4th Street (§ 3-5-101, MCA). FTCA claims go to the U.S. District Court. For the Hi-Line, that is the Great Falls Division (D. Mont. L.R. 1.2(c)(3)).
Montana law that applies
See our Montana birth injury lawyer page for more. The core rules:
- Children injured before age 4: the 2-year deadline generally begins on the child’s eighth birthday, or at the child’s death if that comes first (§ 27-2-205(2), MCA).
- Parents’ own claims, including medical expenses, may run on a different timeline. Don’t wait for the child’s eighth birthday.
- Noneconomic damages are capped in malpractice cases: $350,000 for claims first filed with the panel in 2026, rising to $400,000 on January 1, 2027 (§ 25-9-411, MCA). The lifetime costs of a child’s care are not capped.
Why hire a Great Falls firm for a Havre case?
Hi-Line birth injury cases often reach into Great Falls, through the Benefis NICU, the federal court, or both, and our office is there. We handle cases statewide. We travel to Havre to meet families at home, and we arrange depositions and court appearances wherever they are needed. We do not have a Havre office.
The Boland Aarab Way
- We know federal court, where FTCA birth claims are decided. Our attorneys have handled more than 40 cases in the U.S. District Court for the District of Montana over nine years.
- We prepare cases for trial and appeal. Our attorneys have spent more than 4,000 hours in the courtroom, and the Boland Aarab appellate record reaches back to 1977.
- You work with the lawyers. Caitlin Boland Aarab and Samir Aarab handle the case personally.
- We belong to the trial bar. Both attorneys belong to AAJ and MTLA.
Related Havre pages: medical malpractice · brain injuries · Havre and Hill County injury lawyers.
Frequently Asked Questions
Does Northern Montana Hospital have a NICU? The hospital describes a labor and delivery unit with neonatal stabilization training. It does not describe a NICU. Newborns who need intensive care are usually transferred, often to the Benefis NICU in Great Falls.
Our baby was flown to Great Falls after birth. Could the delay have caused harm? Possibly. The questions are whether distress was recognized in time, whether the baby was stabilized correctly, and when the transfer was called. Experts answer those questions by reviewing the monitoring strips and the resuscitation and transport records.
We got prenatal care at IHS but delivered in Havre. Who is responsible? It depends on where the error happened. A prenatal error at an IHS or covered tribal facility is generally a federal claim with a 2-year presentment deadline. An error during delivery in Havre is a Montana claim.
How long do we have to file for our child? Under Montana law, for a child injured before age 4, the 2-year period generally begins on the child’s eighth birthday. Federal and parental claims can be much shorter, so get advice early.
Will my child’s future care costs be capped? No. Montana’s cap applies to noneconomic damages. Medical care, therapy, equipment and lost earning capacity are economic damages, and they are not capped.
Contact Boland Aarab PLLP for a free consultation at (406) 315-3737.
Our attorneys: Caitlin Boland Aarab · Samir F. Aarab
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship.
