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Scott L Anderson

Scott Anderson’s Answers

3 total

  • Do i have a medical malpractice or negligence case?

    I had surgery on my ankle that broke. The surgeon put a metal plate and several screws in my ankle. Ive had recurring infections and severe pain and inflamation in my ankle for a couple years. I recently seen a specialist and they told me the surg...

    Scott’s Answer

    Medical malpractice is difficult because the Montana Medical Association has bargained for protections from lawsuits against medical professionals. You must file with the Montana Medical Legal Panel before you can bring a suit. At that time you must have all your evidence gathered. Often lager providers keep a different copy of records than are given to patients. Moreover, you need to hire an expert who would be a physician in the field to review all the information and provide testimony at the hearing. That means you will need to put out usually about $10,000.00 to get a commitment from a physician to testify against another physician and he or she must be willing to go to trial. You must file with the medical legal panel with all your evidence prior to 3 years and then only that evidence may come into trial. So its an up front expense in these cases. You usually have to find someone out of the area. The question that I would have is whether your swelling problems are actually from the suture. You should seek at least informal medical advice on causation before contacting a lawyer. Then you would need to find a medical malpractice attorney who would likely be hired by the lawyer who takes the case. Bringing in comprehensive medical records and a report that you have a serious problem which is not going away because of the wrongful act (suture) to a the attorney at the time of your appointment will help your case. It will show you are invested and willing to put forth the effort. Do not delay in getting the information and hiring an attorney. This should be done within 1 year of the alleged medical malpractice claim. Medical records get changed for various reasons and lost. You will not have a claim if you have not filed with the medical legal panel within 3 years of the alleged malpractice. Scott Anderson

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  • When a fight occurs at school and a child receives personal injuries, can the school sued for negligence and or the injuries.

    While subbing at the high school i was told by a student that once my assignment at the school was over they were going to beat up on my daughter. I notified the principal and the teacher i wad subbing for. almost a week from that report my daught...

    Scott’s Answer

    Under Title 9 of the Civil Rights Act children are entitled to a hostile or harassment free environment. In the event multiple complaints are made then the school may risk loss of funding. A complaint, usually needs to be filed with your state's human rights commission and the Federal EEOC for the Title 9 violation. What you will need. Witnesses that support your daughters version of events. Moreover, witnesses who can describe an overall atmosphere of harassment, bullying and even assault. Every instance should be reported to the school police department resource officer and or school counselor. Make sure every complaint is written down and documented. Pictures or video from a camera phone will provide further evidence. Ask for the school policy on these issues. Most likely a complaint must be made with the EEOC office in your state within 180 days. If you call the office they will fax or email you the complaint. They will also provide you with information on how your case will proceed. If you do not get it settled at the EEOC level then you will need a lawyer to take the matter to Court. Remember that documentation is everything and time is ticking wherein your case may be barred. I hope this helps. I am sorry to hear about your daughter. Scott Anderson

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  • Do I need a personal injury attorney?

    I was stopped at a red light. The light turned green so I entered the intersection. A semi truck that was in the turning lane, ran the red light before i could make it out of the intersection. The truck hit my Pontiac G6 on the front bumper and d...

    Scott’s Answer

    It is very difficult to tell early on how injured you really are. I truly believe that any significant injury auto impact will affect you for your life in some manner. Over time it may become mild and insignificant. However, the most important thing to do is to keep to your treatment plan. Do not miss appointments. Follow your doctor's restrictions. Obtain and investigate your injuries proactively. This may mean obtaining an MRI or other tests. Before you settle any case it is important that you have a recovery period and understand the long term effect. In a recent case, a pro se, claimant settled for a few thousand dollars to find out latter he had a skull fracture. He required over $150,000.00 in medical bills. The 9th cir. held that there was no mutual mistake of fact and they will enforce a valid contract. The insurance company should advance your medical bills. If you have your own Medical payments coverage you will want to look into this. Under Title 61 of the MCA your rates cannot be raised for making a claim unless you are responsible for the accident. In reality, insurance companies are using computer programs to adjust your claim. You really need to hire an attorney with a network of experts and many years of experience in the field. Insurance law and bad faith have become very complicated in Montana under recent case law. If you are really injured hire an experience attorney who can guide you through the process. In my 20 years of experience unrepresented claimants are not taken seriously, damage their own case and if represented from the outset recover much more even after the contingency fee.

    Scott Anderson
    Dale L. McGarvey, of counsel

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