Only one firm has the commitment, driven by passion, to provide the timeliest, most informed counsel to you, no matter who you are, because we believe that every person deserves outstanding representation, in every situation. We are on your side, so that you can get on with your life or your business. We excel at providing expert counsel in the courtroom, but also as your advocate in any situation in which you might need legal advice.
The attorneys of Datsopoulos MacDonald & Lind have over three centuries of collective courtroom experience, with specialties in broader law that are designed to allow this firm to excel into the next century. Whether you have been in an auto accident, suffered a personal injury, are facing criminal charges or need counsel for your new or established business affairs, we have attorneys who can meet all of your legal needs. We have been designated as a preeminent law firm by Martindale-Hubbell, the most recognized national publication that rates attorneys based upon evaluations by local attorneys and judges. Count on us to be by your side, no matter what the challenge.
The decision to purchase or sell a parcel of real property is an important financial commitment. For most people, real property is the most valuable asset they will ever own. All too often, buyers or sellers don’t think about consulting with an attorney until the transaction has gone wrong, and by then, it is often too late to fix the problem. At Datsopoulos, MacDonald & Lind, P.C. we subscribe to the maxim that an ounce of prevention is worth a pound of cure. Whether you are buying a small house for rental income or selling a multi-million dollar ranch property, we can help to protect your interests, maximize your investment and ensure that your experience is hassle free.
Our attorneys have years of experience in reviewing buy-sell agreements, lease agreements, easements, covenants and restrictions, land use and zoning regulations, and many other issues that could impact your real estate transaction. We can help to ensure that your investment isn’t affected by problems with mold or moisture, drainage issues, easements or rights-of-way, or undisclosed structural damage. We have successfully guided our clients through the complexities of subdivision approval, condominium declarations, formation of homeowner’s associations and boundary disputes. Our attorneys can assist you with problems with liens, levies, property taxes and other problems with title and title insurance to ensure that your investment isn’t improperly encumbered.
We also have a team of experienced real estate litigation attorneys to assist you in all types of real estate disputes. We have successfully represented clients in actions to compel specific performance of a real estate contract, for failure to disclose construction defects or other adverse material facts concerning the property, and for negligence on the part of the real estate agent for failing to properly represent the buyer’s or seller’s interests.
We’ve advocated for clients who have been harmed by sellers, lenders, appraisers and inspectors in connection with real estate investments. Our land use attorneys have decades of experience in the areas of zoning and code enforcement, subdivision regulations, environmental regulations, as well as toxic torts and pollution.
Whether you are looking to purchase that trophy ranch on Rock Creek, or you need someone to help enforce your contract for deed, talk to the law firm of Datsopoulos, MacDonald & Lind, P.C.
It’s imperative to seek legal advice if you’ve suffered an injury as a result of an accident. At Datsopoulos, MacDonald & Lind, P.C., we are committed to assisting you in ensuring you are not only are fully and fairly compensated for any injuries and damages sustained, but that you are also treated with dignity in the process.
There are many reasons that you should be represented by counsel following an accident. These are just a few:
Our attorneys will make certain you understand your rights. If you have been injured, whether from a workplace injury, a car accident, a dog bite, or medical negligence, the attorneys at Datsopoulos, MacDonald & Lind, P.C., will analyze your case to determine who has liability for your injuries and what sources you may have available to you for the payment of your medical bills and damages. Our attorneys will determine your rights under Montana and Federal Law, review insurance policies and discuss your rights with you.
Attorneys at Datsopoulos, MacDonald & Lind, P.C. have decades of collective experience in valuing personal injury claims. When you make a personal injury claim after an accident, the case could be resolved in different ways. One way is to settle out of court for an agreed-upon sum. Another way is to sue and let a judge or jury decide what you deserve.
In order to determine whether you should settle – and for how much – you need to know what your personal injury claim is actually worth. This can be difficult to determine. While every personal injury case is different, there are certain things you should be compensated for in a personal injury lawsuit including pain and suffering, hospital, medical bills, and lost income or wages. At Datsopoulos, MacDonald & Lind, P.C., our lawyers have decades of experience in personal injury claims in Montana and will help you estimate the value of your claim. Knowing the value of your case is essential to make sure you do not leave money on the table and that you get enough compensation to allow you to rebuild your life after suffering a serious personal injury.
Our attorneys can negotiate with the insurance company. Insurance companies are not looking out for your best interests. They are not trying to make sure you are fairly compensated for all your losses. Insurance companies want to hold on to their money so they can be profitable. They have a team of lawyers and experts who help them do that. This is true both when you are trying to get money from your own insurance company and when you are trying to get money from another driver’s insurer.
You deserve to have a knowledgeable advocate who can deal with the insurance companies on your behalf. Datsopoulos, MacDonald & Lind, P.C. attorneys understand personal injury laws and insurance laws and can review and interpret available coverage and value your claim. Our attorneys will use their negotiating skills and legal knowledge to fight to get you a fair settlement from the insurance company. Settling out of court could be preferable to avoid the time, stress and expense of a trial – as long as a fair settlement is reached.
Datsopoulos, MacDonald & Lind, P.C. can take your case to court to get you the money to which you are entitled. When the insurance company will not offer a fair settlement or when it acts in bad faith, we will bring your claim to court to ensure you get just compensation.
Datsopoulos, MacDonald & Lind, P.C. lawyers know the Montana legal system and know how to build and present a personal injury case to a jury of your peers, which gives you the best chance to obtain the full and fair compensation you deserve.
You can hire the law firm of Datsopoulos, MacDonald & Lind, P.C. to represent you on a “contingency fee” basis. Our attorneys are paid from the settlement or court award we obtain for you. We only receive this payment at the end of the case and only if we are successful. Simply put: we don’t get paid until you do. The payment does not come out of your own pocket; instead, it is deducted from the check insurance company writes if and when we obtain a recovery for you. If we do not obtain a recovery for you, you pay us nothing for our services. You should know that Datsopoulos, MacDonald & Lind, P.C. has a record of obtaining millions of dollars in personal injury and wrongful death cases.
We begin each case with a free and confidential consultation. This consultation allows us to answer questions you may have about your legal rights and options. It also allows us to review the facts of your case and help you to decide whether pursing a car accident or personal injury claim is in your best interest.
Millions of patients seek treatment in medical facilities every year. Mistakes in medical facilities are not uncommon, though they are seldom talked about or reported to the media. Tens of thousands of people die each year due to medical mistakes. This has become the third leading cause of death in the United States. Medical malpractice frequently occurs at hospitals in emergency rooms and operating rooms, but malpractice can also arise out of a visit to a doctor’s office or even a phone call to a nurse.
At Datsopoulos MacDonald & Lind, our Montana medical malpractice attorneys regularly represent individuals who have suffered extensive injuries or have lost a loved one due to the negligence of a hospital, physician, nurse practitioner or other health care provider. If your or a loved one has been injured due to the medical negligence of someone else such as a doctor, surgeon, chiropractor or even a dentist call 406-728-0810 today to schedule a free consultation.
A legal claim for medical malpractice arises when a patient is injured by medical care that is not within the accepted standards of medical practice in the same or similar communities. Medical malpractice is a term used to describe negligence or mistakes made by hospitals, doctors, nurses or other health care providers. Medical errors occur every day, and sometimes those mistakes cause a wrongful death or permanently injure a patient.
When negligence occurs, the injured patient or family is usually not told about the mistake. An attorney can review medical records with the help of medical experts to determine if the standard of care was not followed. When medical malpractice injures a patient or causes a wrongful death, the patient and/or family are entitled to recover from the hospital or doctor’s medical malpractice insurance.
Examples of medical malpractice include:
Surgical errors are extremely common accounting for many serious injuries and even deaths. Surgical errors can cause both severe emotional and physical devastation. In many instances, a patient may not even be aware that a surgical error took place, as it is often covered up and never acknowledged. If you or a family member has been the victim of surgical malpractice then please contact our firm today.
Surgical errors can cause significant, irreparable physical and emotional harm and even death. Of course, surgery is often a high-risk undertaking, and not all bad surgical outcomes mean that there was a surgical error. But when the harm is caused by negligence, the healthcare provider may be liable for medical malpractice.
Surgical mistakes commonly associated with negligence include: wrong site surgery, wrong patient surgery, organ perforation or puncture, use of unsanitary surgical instruments and surgical instruments left inside the body.
If something like this has happened to you, contact Datsopoulos MacDonald & Lind right now for a free no pressure consultation.
Misdiagnosis is killing thousands of people each year. Doctors so often get it wrong, failing to properly diagnose a patient who does not have time on their side. Whether a doctor fails to diagnose, delays diagnosis or misdiagnoses a patient’s condition it can lead to incorrect treatment or no treatment at all. This can cause a patient to become progressively worse and is in many cases irreversible; resulting in serious injury, illness, disease and even wrongful death.
Unfortunately, misdiagnosis is a very common medical malpractice claim. The wrong diagnosis can mean the difference between life and death. The correct diagnosis is so important that there’s a standard way to diagnose disease; it’s called making a differential diagnosis. When a healthcare provider fails to follow the appropriate diagnostic process, they may diagnose the wrong disease or fail to diagnose any disease at all.
If the undiagnosed disease progresses and the patient suffers terrible harm or untimely death, then the healthcare provider may be liable for medical malpractice. Commonly misdiagnosed illnesses include: cancer, pulmonary embolism, stroke and appendicitis
Lawsuits that hold healthcare providers accountable for misdiagnosis do more than help the victims and their families — they help make our families and our communities safer by making sure that the medical care we all receive meets minimal quality standards.
Help protect your loved ones. Hold wrongdoers accountable for their negligence.
Similarly, the failure to diagnose a medical condition is a serious form of medical malpractice. Some may think of malpractice or medical negligence mainly as it relates to the treatment of a patient, but a doctor’s actions in diagnosing patients is just as important. A misdiagnosis or the ultimate failure to diagnose a serious medical condition may lead to catastrophic injuries or the loss of the patient’s life. This is particularly relevant in deadly conditions such as cancer or a heart attack.
There are different situations that may cause a failure to diagnose. A doctor, who is too busy, overworked or who has not slept may be quick to make a decision just so he or she can move on to the next patient. An inexperienced doctor may fail to recognize that certain symptoms indicate one condition over another. A nurse may fail to write down crucial information about a patient’s complaints or symptoms on a medical chart, leading to a doctor making a diagnosis based off inadequate information. An insurance company may deny further testing that would enable a doctor to make an accurate diagnosis.
Depending on the particular cause of a failure to diagnose, you may be able to file a lawsuit against the hospital, doctor, nurse or perhaps your medical insurance company for their actions.
Prescription drugs have the potential to enhance health and save lives. When prescribed in improper doses or in dangerous combinations, however, they can cause severe physical or mental reactions than may require hospitalization or even result in death. Medical professionals who administer harmful amounts or combinations of drugs, or the wrong drug, may be liable for medical malpractice.
Medication errors occur more frequently than most people realize. They account for many medical malpractice claims that have resulted in serious injury, illness and even wrongful death. When we are given medicine, whether it is in the hospital, a healthcare facility or from a pharmacy, we expect that the type of medicine and dosage are safe. In addition, when others know of additional medicines we may be taking, we trust that they would know whether a possible deadly or fatal interaction could take place.
Some of the most common prescribing errors include: confusing drugs with similar names; ignoring allergies to medications; failing to consider the weight and age of a patient; failing to obtain complete patient information; failing to stay current on drug warnings; failing to accurately communicate drug prescriptions (including poor handwriting); failing to properly label medication; misusing abbreviations, zeroes, and decimal points in prescriptions; and prescribing too much of a medication.
If you or a loved one is the victim of the negligent actions and wrongdoing of a doctor, nurse, healthcare facility, hospital, dentist, pharmacist or any other medical professional, please contact our firm immediately. You may have the legal right to file a medical malpractice claim in which you can ask for monetary compensation for any medical expenses, emotional trauma, lost wages and much more.
When administered correctly, anesthesia is both safe and highly effective. On the other hand, when anesthesia errors do happen, they can have harmful, far-reaching effects like brain damage or even death. Improperly administered anesthesia that causes injury or death may warrant a medical malpractice lawsuit.
In many ways, the anesthesiologist is the most important medical professional in any surgery. However, patients rarely even know who their anesthesiologist is, much less know about that person’s credentials. Anesthesia errors are all too common and can lead to serious injury and even death.
Common causes of anesthesia errors including: failure to constantly monitor the patient; failure to properly intubate (place a tube in the patient’s throat to allow breathing); failure to recognize complications; communication errors between staff; the use of defective equipment; overdose or underdose of anesthesia; delayed anesthesia delivery; failure to avoid an allergic reaction if it could have reasonably been prevented; failure to guard against drug interactions; failure to instruct the patient not to eat or drink within 24 hours following surgery; and failure to properly administer oxygen during surgery.
At Datsopoulos MacDonald & Lind, we help people who have been hurt by or lost loved ones due to anesthesia errors. We have the skill and resources to seek maximum compensation for the hardships caused by medical malpractice.
Giving birth should be a joyous experience, but when something goes wrong it can be devastating. Seven out of every 1,000 births will have major birth injuries, resulting in nearly 30,000 babies and mothers injured per year. Birth injuries commonly occur when a doctor fails to diagnose a mother or baby’s condition during pregnancy or during labor and/or delivery. Just one simple mistake can severely harm a mother and/or child, which can lead to a lifetime of medical care and a shortened lifespan.
Birth injuries are not the same as birth defects. Birth injuries usually occur during the delivery of the baby, while birth defects are usually caused by genetic or environmental factors before the baby is born.
All pregnant women rely on healthcare of some kind, and sometimes bad things happen without anyone being at fault. But if a healthcare provider provides negligent care or commits an error, whether it’s because of poor judgment, lack of adequate training, malicious intent, or simple human error, then they may responsible for medical malpractice.
Birth injuries can mean a lifetime of care. If your child has been seriously injured, life will never be the same again. We can help you protect your child’s rights and get them what they deserve so they can build a good life.
If you are a parent of a baby that is the victim of a birth injury, or a mother who has been harmed during or after birth, please contact our firm immediately. We may be able to help by filing a medical malpractice claim against the doctor, midwife, doula, nurse, hospital and or any other healthcare worker or facility that is to be held accountable. By filing a medical malpractice claim you may be compensated for medical expenses, lost wages, emotional trauma, pain and suffering and much more.
As a patient, you and your baby have the right to receive quality care at all times. When someone fails to meet the proper standards while caring for you or your baby they must be legally held responsible.
Studies show that hospitals often fail to meet our expectations for the health and safety of patients in their care. A report by the Institute of Medicine entitled “To Err Is Human: Building a Safer Health System” determined that approximately 98,000 people are killed every year by medical errors in hospitals. Many more are seriously injured because of hospital malpractice.
Hospitals are responsible for the negligence or incompetence of their employees. If an employee injures you through a negligent act or improper care, we can help you hold the hospital where the negligent employee works liable for your resulting medical costs, lost wages, and pain and suffering.
Although hospitals are liable for the harm their employees cause, not every medical professional who works in a hospital is an employee. For example, many doctors who provide treatment at a hospital are not actually employees of the hospital. If your injuries were caused by doctor negligence and the doctor was not an employee, we can help you obtain compensation from the negligent doctor through a physician malpractice claim.
As with other professional malpractice cases, the main objectives in negligent dentistry litigation are to establish and quantify the fact of injury to the plaintiff, and to prove that the injury was the result of a departure from a recognized standard of care on the part of the defendant dentist or oral surgeon.
We have all been to the dentist, hopefully most of us at least twice a year. When we visit the dentist, we not only want to feel safe, we want to rest assured that our dentist is providing us with the highest quality care available. Whether we are being seen for a routine cleaning, having our wisdom teeth pulled, getting a filling, crown, or root canal, having implants or bridges placed, or are undergoing a complicated oral surgery, we trust and rely on the dental professional.
Unfortunately, dental malpractice occurs more often than most realize, and frequently include claims such as: failure to diagnose cancer of the mouth, periodontal disease or other conditions, surgical errors, nerve injuries, tongue injury, jaw injury, lip injury, root canal and bridge work negligence, implant planning and placement negligence, negligent wisdom tooth removals, and negligent crown placements. Regardless of the type of dental work you have had performed, if the dentist failed to adhere to the applicable standard of care, and you were injured as a result, you need to speak to an attorney.
Because your dental chart plays such an important role in your dental malpractice case, it is important as soon as you suspect you are the victim of malpractice, you request a complete copy of your dental records. You are entitled to obtain a complete copy of your records at any time, for any reason, and you need not even say why you are requesting your records. The most common basis for requesting records is to simply say they are needed for a second opinion.
Psychiatrists, like all doctors and health care providers, have an obligation to provide patients with a certain standard of care. The failure to provide the appropriate mental medical treatment may amount to psychiatric malpractice, which is a type of medical malpractice.
Many cases of psychiatric medical malpractice are never reported because the victims are already emotionally unstable or uncertain of their own mental condition. Patients may find that their complaints about psychiatric malpractice are dismissed as paranoia or exaggeration of circumstances. Sometimes even family members fail to listen when you tell them your concerns.
But if you feel you have been the victim of psychiatric medical malpractice you should meet with an attorney immediately to help determine the validity of your case. At Datsopoulos MacDonald & Lind, we may recommend that you meet with one of our trusted associated psychiatric specialists who can evaluate the extent of damage caused by your psychiatrist or help you evaluate your own circumstances.
We work with individuals who have suffered from a psychiatrist:
Under no circumstances should you feel that your psychiatrist has the right to treat you without respect or care. Every medical professional has a responsibility toward his or her patients and takes an oath to bring no harm, physically, mentally or emotionally, to patients. Your treatment at every step should be designed to help your condition improve and should be confidential.
If you have suffered negligence or mistreatment at the hands of a psychiatrist or psychiatric staff member, you should contact a medical malpractice attorney immediately. He or she can help you take the appropriate steps toward the compensation and justice that you deserve as a victim of an inexcusable type of medical malpractice.
Besides bringing forth a psychiatric malpractice lawsuit, there are some other actions that may be taken as well against an offending psychiatrist. Filing a complaint with the psychiatrist’s employer, filing an ethics complaint with the review board or filing a human rights complaint are other actions that can be taken either in lieu of or in addition to a psychiatric malpractice lawsuit.
Please contact Datsopoulos MacDonald & Lind today to meet with an attorney and confidentially discuss the details of your case. We can help individuals like you find help after psychiatric abuse and neglect.
If you’ve been injured while in a hospital or under the care of a physician, you should talk to a medical malpractice attorney right away. Victims of medical malpractice have a right to a monetary settlement for medical expenses, rehabilitation costs, ongoing care, diminished earning capacity, lost income, and other costs and losses.
Medical malpractice cases can be very complex, however. It takes specialized legal and medical expertise to prove liability on the part of the healthcare provider. In addition, your claim must be filed within a certain period of time after the injury happened. If you wait beyond this “statute of limitations,” you will not be able to file a legal claim. We can help you.
Deciding to file for bankruptcy is a big step. Careful consideration should go into the process including speaking to a knowledgeable professional about the different options available to you. At Datsopoulos, MacDonald & Lind, P.C. we have extensive experience in bankruptcy law and have assisted countless clients in resolving their debts and achieving financial freedom.
There are various types of bankruptcy filings available to individuals having trouble paying their debts. Bankruptcy protection can be obtained by individuals and businesses who find themselves unable to pay their bills due to unforeseen circumstances. For individuals, such unforeseen circumstances often include the loss of a job, a divorce, or unexpected medical bills. For businesses, a downturn in the economy or involvement in unexpected litigation can often lead to bankruptcy. Determining what type of bankruptcy is most appropriate depends upon the type and amounts of debt.
Chapter 7 Bankruptcy
Chapter 11 Bankruptcy
Chapter 13 Bankruptcy
When you have a steady income but find your debts are more than you can pay every month and you find that you are at risk of losing your home, your vehicle, or are being threatened by creditors, then a Chapter 13 bankruptcy may be the right choice for you. A Chapter 13 filing may allow you stop a home foreclosure, auto repossession, wage garnishment, and allow you to consolidate your debt into a payment that you can afford. In most cases, filing Chapter 13 bankruptcy will allow you to consolidate most forms of debt, including, but not limited to, credit card debt, department store debt, student loans, medical bills, past due property taxes, personal lines of credit, and more.
Part of analyzing whether bankruptcy is the best option and which type of bankruptcy best fits the situation involves conducting a complete review of our client’s financial circumstances. Once our dedicated and experienced attorneys understand the types and amounts of debt, we are able to offer informed and knowledgeable advice about the best path forward to achieve relief from burdensome debt. Contact Datsopoulos, MacDonald & Lind, P.C. today to determine what options may be available to you.
Chapter 7 Bankruptcy
If you are simply overwhelmed with debt, Chapter 7 bankruptcy may be the right choice for you. Our dedicated attorneys will assist you in eliminating your unsecured debt, stopping the foreclosure on your home, and work to provide you a chance for a fresh start.
Chapter 11 Bankruptcy
Chapter 11 Bankruptcy is typically used for business bankruptcies and restructuring. It allows businesses the time they need to restructure their finances, avoid unnecessary losses and continue to operate while bankruptcy proceedings are taking place.
Chapter 13 Bankruptcy
When you have a steady income but find your debts are more than you can pay every month and you find that you are at risk of losing your home, your vehicle, or are being threatened by creditors, then a Chapter 13 bankruptcy may be the right choice for you. A Chapter 13 filing may allow you stop a home foreclosure, auto repossession, wage garnishment, and allow you to consolidate your debt into a payment that you can afford. In most cases, filing Chapter 13 bankruptcy will allow you to consolidate most forms of debt, including, but not limited to, credit card debt, department store debt, student loans, medical bills, past due property taxes, personal lines of credit, and more.
Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods, plus corporate law, intellectual property, property law, tax law, arbitration and more.
For any type of transaction or litigation that you might have, we have an expert for you. Consult with our team to see what your options are and how we can help you resolve any legal matters.
The attorneys at Datsopoulos, MacDonald & Lind practice criminal defense law in all Montana courts. Our firm enjoys a reputation as one of the “go-to” firms for criminal cases in Montana. We are best known for having represented clients in some of the most high profile and serious criminal prosecutions in Montana over the past forty years. However, we have also represented clients that you have never heard of, clients whose cases we successfully resolved in the investigative stage with no charges being brought against our clients. The earlier we can become involved in your case, the more effective we can be.
There is no more serious opponent than the state or federal government, and there is no other legal case where a client has more at stake. A criminal conviction can send you to prison, ruin your reputation and destroy you financially. If you are charged or being investigated for a crime you need experienced attorneys by your side.
Our firm’s consistent results over the years show we have the resources, knowledge and skill to represent clients effectively at all stages in the criminal process. If you are facing criminal charge or are the target of a criminal or regulatory investigation call us today to ensure your rights and your future are protected.
We represent clients in Montana Federal Courts, State District Court, State Justice Court and all Montana City and Municipal Courts. We represent clients on appeals at the Montana Supreme Court, the Ninth Circuit and the United States Supreme Court.
We also represent individuals being investigated by professional licensing boards.
The scope of criminal cases being investigated and prosecuted in Montana and the Northwest is constantly expanding and criminal sentences are becoming increasingly harsh.
Our attorneys are experienced in the defense of all criminal matters at the investigative state, the trial stage, on appeal and during post-conviction proceedings.
While we are prepared to aggressively defend any case, by way of example, our firm has represented clients charged with the following offenses:
White Collar Offenses and Regulatory Offenses
“White collar crime” generally refers to non-violent criminal offenses committed for a financial motive. Convictions for these types of offenses carry prison time, the potential for forfeiture of an offender’s assets, as well as heavy fines. Convictions of these types of offenses can bar a convicted individual from working in certain occupations.
Our firm has represented individuals and companies charged or being investigated for all manner of white collar offenses in federal and state courts. We have a network of established experts—including accountants, private investigators and appraisers— to assist in the evaluation and defense of these types of cases. Additionally, attorneys from our business and transaction practice groups often assist in researching and developing responses to these types of investigations or charges. If you are charged or being investigated for a financial or similar “white collar” criminal offense, please contact our firm to discuss your case.
Violent Offenses
A conviction for a violent or sexual offense can mean a long prison sentence, as well as a life time of registering on the sexual or violent offender registry. If you are charged or are being investigated for any crime contact our firm so that we can discuss your options.
Drug or Narcotics Offenses
In federal court, drug offenses routinely carry heavy mandatory minimum prison sentences. A state court drug also carries the possibility of prison time. Because many drug investigations involve joint state and federal task forces, it is imperative that your lawyer is experienced in both the state and federal systems, no matter where your case is pending. Datsopoulos, MacDonald & Lind has decades of experience defending both state and federal drug charges, including prosecutions arising from a client’s involvement in Montana’s medical marijuana industry.
Internet Crimes
Internet crimes carry harsh mandatory minimum prison sentences and potential requirements that convicted individuals register as sexual offenders for the rest of their lives. These cases require the assistance of not only a capable lawyer, but of experts to examine the computer evidence and to psychologically evaluate the accused client. Our attorneys are experienced in handling these very difficult cases, and also have a network of computer and psychological experts to assist in the defense of these prosecutions.
DUI/DWI and Other Traffic Offenses
A conviction for DUI or DWI in Montana can result in jail time, heavy fines and the loss of driving privileges. Since our firm’s founding we have represented hundreds of clients facing DUI or other traffic charges. The penalties for DUI in Montana increase if you have prior convictions or breath test refusals on your record. If you are cited for DUI or any other traffic offense, please contact us to discuss your case.
Gun and Firearm Crimes
If you have prior felonies or certain prior misdemeanors [as well as other less known “prohibitors”] federal law restricts your right to possess firearms. If you are a prohibited person and possess a firearm, even for perfectly lawful purposes, you are facing a federal prison sentence. We have represented defendants charged with these types of offenses and are well versed in the potential legal defenses available to charged defendants.
Firearm Transfer Appeals
We have successfully represented clients who have been denied firearm transfers from federally licensed firearm dealers. This denial is usually based on a prior criminal conviction.
Sometimes, the database accessed by dealers to determine if a potential buyer can purchase a firearm has incorrect or outdated information that once corrected would let a firearm transfer be approved. Other times, the Department of Justice may have erroneously interpreted the information on your record and you can in reality possess firearms. In either case, a purchaser can appeal the firearm transfer denial and argue that a transfer should have been approved.
If you have been denied a firearm transfer, or have questions about your ability to possess firearms, contact us today to discuss the specifics of your case. Oftentimes we can tell you very quickly and inexpensively if you have any chance of reversing a transfer denial or someday possessing firearms legally in the future.
Fish and Game Violations
We have represented clients charged with violating the Fish and Game laws in Montana. If you are convicted of these types of crimes, which could include hunting or fishing with a resident license when you are a non-resident, poaching, or even federal Lacey Act violations you can face the usual criminal penalties, as well as the mandatory suspension of your hunting privileges in Montana.
Montana is also a member of the “Interstate Wildlife Violators Compact” along with thirty-nine other states. This means if you are convicted of a Montana fish and game violation and your hunting and fishing privileges are suspended in Montana, the suspension is also recognized and enforced by the other thirty eight states.
Probation and Parole Revocation /Termination of Probation and Parole
We represent clients in all Montana courts facing revocation of probation, parole or supervised release.
Additionally, we represent clients who are seeking early termination of probation or supervision, deferred sentences and supervised release.
Grand Jury and Other Investigations
If you have received a call from a law enforcement agent or a “target letter” that you are the subject of an ongoing investigation, do not talk to the agent or the prosecutor without first consulting an attorney. If you have been contacted by law enforcement or a prosecutor call us before talking with them.
The attorneys at Datsopoulos, MacDonald & Lind, P.C. understand the concerns ands anxiety involved in any family law situation. Family law encompasses, divorce, child custody, asset and debt division, prenuptials, parenting, child support, spousal support, visitation, adoption and paternity.
We have years of experience in successful family law practice. Our team of domestic relations attorneys will thoroughly evaluate your concerns and provide sound practical legal advice, guiding you every step of the way for the best possible outcome.
For any type of family law issue please feel free to contact us to discuss your options in proceeding.
The legal process of adopting a child in Montana can be lengthy and at times confusing. Our firm has substantial experience in adoption proceedings and is ready to help guide you through the process. We have represented parties adopting, and have also counseled and assisted biological parents in child placement. Our adoption clients have included step-parent adoptions, kinship placement adoptions, and same sex adoptions.
Dennis Lind, one of our founding partners and current shareholders, is a member of the American Academy of Adoption Attorneys, an invite only group consisting of only the most experienced adoption attorneys in the country.
Mr. Lind and our firm have handled adoptions across Montana for over the last thirty years, and have also assisted clients here and elsewhere in complex international adoptions.
The lawyers at Datsopoulos, MacDonald & Lind will work with you to ensure the needs of your children are properly addressed in both initial child support agreements and the modification of child support orders. Child support calculations in Montana are subject to the Montana Child Support Guidelines. Our attorneys have substantial experience in advocating for our clients and their children within these guidelines. This area may include the negotiation and resolution of health insurance, shared costs, medical expenses, daycare, tax benefits and the cost of transportation.
Child support can also be calculated and paid through the Montana Child Support Enforcement Division. The staff and attorneys at Datsopoulos, MacDonald & Lind, P.C. also have significant experience working through the Child Support Enforcement Division proceedings.
The two largest factors in determining an appropriate child support obligation are income and the numbers of days the children reside with each parent. However, the complexities of other factors, such as insurance costs, childcare costs, and other dependent deductions deserve the attention of an experienced attorney and his or her staff.
If you have an aging parent or loved one who is having difficulty or is unable to manage his or her affairs, a temporary or permanent conservatorship may be necessary. Conservators are legally responsible for the affairs or estates of parties who are limited due to physical or mental limitations, or old age. In Montana, conservatorships are governed by state statute and are established by court order. Our legal team can help advise you through the process of appointing a conservator, which can be a complicated and emotionally confusing for family members. We will work hard to make sure your loved one and their assets are protected.
At Datsopolous, MacDonald & Lind we know that divorce, called “dissolution” in Montana, can be a challenging and stressful experience. Our team of family law attorneys has the skill and experience necessary to guide you through the process of a marital dissolution, same sex dissolution or legal separation.
Dissolution presents a wide range of potential issues that include:
Disputes can arise early on in the process and may include issues such as financial support for you or your children, parenting visitation or the use of marital property and assets during the proceedings. We will identify what your needs are and strive to meet them during and after the legal proceedings. Our firm also has connections and relationships with other professionals in the area, including counselors and accountants that will provide you with an added benefit. Disputes during a divorce or separation can be resolved through agreement between each party or the court system. We will help you weigh your options and determine what route is best for you.
Each dissolution action is unique and we take care to consider the needs of each client on an individual basis. We will advise, advocate, negotiate and litigate based on your goals and individual needs, in accordance with the law. It is important to work with an experienced attorney who can develop a personalized legal strategy to maximize your asset division, protect your rights, and keep the best interest of your children in the forefront during child support and child custody matters.
Whether you have a complex marital estate that will require a unique property division and distribution, or serious concerns regarding a parenting plan and child support, the process can be intimidating and complex. Our attorneys will make sure you are made fully aware of what to expect during the preliminary stage of gathering information, or the near end stage of negotiating a settlement agreement or going to trial. At Datsopoulos, MacDonald & Lind, our clients have found comfort in our experience and expertise for over 40 years.
Same-sex couples face challenges in Montana not experienced by non-LGBT residents. Although the Constitution of Montana defines marriage as between a man and a woman, our attorneys can help guide same-sex couples moving or traveling to and from other states with civil unions, domestic partnerships and same-sex marriages in the event of a divorce.
There are many reasons why a minor seek emancipation. In Montana, a minor who is emancipated assumes adult responsibility before they reach the age of 18. It is important that a minor seeking emancipation have a skilled attorney who can advise them on an individual basis of their options and responsibilities.
Legal guardianships are a way of transferring custody of minors, the elderly, or the disabled to a caregiver. Guardianships can be either temporary or permanent, and can be complex. It is advised that a person who understands guardianship laws is retained to assist in the appointment of a guardian.
Guardian ad litems are not the same as legal guardians and are often appointed for under-age children. A Guardian ad litem is an officer of the court and does not represent the parties in a suit. Many times, guardian ad litems are appointed when there are allegations of abuse or neglect. Our attorneys are aware that these appointments may be emotionally charged and are sensitive to the needs of parties who find themselves in guardian ad litem proceedings.
Parenting plans may need to be modified over time due to a change in the circumstances of the parties, which may include the relocation of a parent, a new job schedule of a parent, or the growth and maturation of the children. We have attorneys that can help you obtain an amended parenting plan that best suits your and your children’s current and future needs.
Oftentimes, complications arise in a parenting dispute after one parent has relocated with the children to another state. In these cases, our attorneys use their experience with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to make certain your interests are protected. This may include attempting to move a parenting dispute from one state to another, depending on the circumstances of the particular case.
The attorneys at Datsopoulos, MacDonald & Lind have decades of experience representing parties who wish to modify child support orders, parenting plans and child custody orders. Whether there has been a substantial change in circumstances or your order has become outdated, we can help review, analyze and explain your options under Montana law.
Orders
There are a wide variety of orders that can come from the court in family law matters. These include:
The lawyers at Datsopoulos, MacDonald & Lind have successfully represented clients in paternity actions for over 40 years. If you need to establish paternity for child support or a parenting plan, a paternity action requires genetic testing if the parents do not agree the father is the legal father.
The rights of parents and third parties, including grandparents can create difficult circumstances in child custody cases. Anyone who has developed a “parent child relationship” with the child may have rights under Montana laws. Our attorneys have helped third parties, grandparents and biological parents in custody situations and can help negotiate for your best interest and the best interest of the child.
In some cases, termination of parental rights may be appropriate. Termination of parental rights means that a parent’s rights as a parent are taken away. Courts can take away parental rights to protect children voluntarily or involuntarily, depending on the circumstances.
Various agreements can be made before or during a marriage in order to protect each party’s financial interests.
A prenuptial, or premarital, agreement is entered into prior to the marriage. It is important that you plan ahead so as to prevent any last minute efforts to rush into a prenuptial agreement shortly before the marriage. If a prenuptial agreement is a future possibility, it is important that you get in contact with our attorneys so that you can plan appropriately.
Prenuptial agreements can help parties protect their assets prior to marriage. Although this can be a difficult topic, these agreements can potentially save parties a substantial amount of time and money in the future. Our attorneys can draft a prenuptial, or premarital, agreement that will protect your assets in the event of a divorce or separation. Additionally, our attorneys will make certain you are advised how to manage your assets and property after the execution of the prenuptial agreement to ensure the agreement remains enforceable.
An agreement entered into during a marriage is referred to as a postnuptial agreement. Such an agreement most often results from a change in circumstances after marriage that is cause for one party to take steps to protect the assets and interests that they may have in property obtained or to which they have contributed during the marriage. When loans, inheritance, and large purchases affecting either party are at issue, our attorneys can help you draft a legally binding postnuptial agreement.
Finally, unmarried couples may also have a need to protect assets and property while they are cohabitating with, but not common law married to, a partner. These agreements are referred to as cohabitation agreements. They provide a method for individuals who cannot be legally recognized as married, or do not wish to become married, to reach an agreement regarding their rights and responsibilities of assets and liabilities. The agreements also serve to prevent future dispute or litigation over the couple’s assets, property and liabilities.
It is crucial that you utilize the services of our attorneys in making certain you end up with an enforceable agreement. It is important that you take the appropriate steps in negotiating, drafting, executing and performing under the agreement. Our attorneys will be with you every step of the way.
At times, a spouse or partner may need an attorney to help enforce or set aside an agreement that has already been executed. If this is the case, call our attorneys to set up a free consultation and explore the potential outcomes of litigating an already existing agreement.
People accumulate assets and debts during the course of a marriage. These assets and debts must be distributed between the parties during a divorce or separation. Asset division can be a long and complicated process. Each divorce or separation presents a unique set of property and assets as no two cases are the same.
Special rules govern the distribution of different types of marital property. It is important that you are fully advised of your rights as they pertain to premarital or gifted property, family inheritance, military retirement benefits and pensions, or railroad retirement and pensions. Premarital and inherited assets have traditionally not been considered in dividing the marital assets and debts; however, given recent changes in the law, one spouse may have a claim to the other spouse’s premarital property. Whenever a divorce or separation involves retirement and pensions, whether they are military, railroad, or otherwise, it is important that you exercise your rights to protect any interest you may have.
A family farm or ranch and property acquired after separation may also deserve special attention. The attorneys at Datsopoulos, MacDonald & Lind are experts in the process of equitable property division not matter how complicated your financial situation. We strive to maximize outcomes for our client, equitably under the Montana law.
Your financial stability after a divorce or separation may be one of your primary concerns entering a divorce or separation. Depending on the role each spouse has maintained during the marriage, one spouse may be obligated to pay to the other a monthly maintenance obligation. Maintenance can be either temporary or permanent depending on a person’s needs and circumstances. In determining an appropriate amount, the court will consider factors such as the standard of living established during the marriage, the duration of the marriage, the age of each party and the ability of each spouse to earn reasonable income on their own.
It may be difficult to understand how to best show your spouse or the court that you are entitled to maintenance. Our attorneys are here to help you through the process and help you stay on your feet financially during and after your divorce or separation. We will provide you with an analysis of your specific case and determine what amount of maintenance is proper. We will also be able to provide you guidance in determining if a larger distribution of the marital assets and property would be a better option for you in lieu of seeking monthly payments.
Finances, like children, can be the most important and litigated aspect of a divorce or separation. Put your concerns at ease and use our attorneys to achieve what is best for you.
If you are involved in an insurance coverage dispute because an insurance company refuses to pay your insurance claim, you may have the right to bring an insurance bad faith suit. Insurance bad faith is a legal term that describes a claim that an insured person may have against an insurance company for its bad acts. Under Montana law, insurance companies owe a duty of good faith and fair dealing to the persons and companies they insure. This duty is often referred to as the “implied covenant of good faith and fair dealing” which automatically exists by operation of law in every insurance contract. Insurance companies must be held responsible when their unlawful conduct results in the denial or delay of claims. Our attorneys at Datsopoulos, MacDonald & Lind, P.C. handle all types of insurance bad faith claims, including auto insurance, life insurance, disability insurance, fire insurance, homeowners insurance, long-term care insurance, commercial insurance, and health insurance claims.
Millions of individuals each year consider placing a loved one in a facility where their living needs and medical provisions can be met. Placing a loved one into an assisted living facility or nursing home can be a difficult and heart-wrenching decision. Unfortunately, the quality of care rendered in nursing homes across the country at times does not meet the standards of the individuals who are seeking its care or the individuals who placed their loved ones with the facility.
A number of governmental studies confirm that there is an epidemic of pain and suffering in our nation’s nursing homes. A special report prepared for a U.S. House of Representatives Committee on Government Reform concluded that there was institutionalized neglect and abuse occurring in too many nursing homes.[1]
Meritorious nursing home lawsuits serve as valuable tools for policing a nursing home industry rife with instances of negligence, malpractice, neglect and abuse.
Elder abuse comes in many forms. While some the more common forms of abuse result in:
Bedsores — also called pressure sores or pressure ulcers — are injuries to skin and underlying tissue resulting from prolonged pressure on the skin. People most at risk of bedsores are those with a medical condition that limits their ability to change positions, requires them to use a wheelchair or confines them to a bed for a long time.
Bedsores are caused by pressure against the skin that limits blood flow to the skin and nearby tissues. Other factors related to limited mobility can make the skin vulnerable to damage and contribute to the development of pressure sores.
Bedsores fall into one of four stages based on their severity. The National Pressure Ulcer Advisory Panel, a professional organization that promotes the prevention and treatment of pressure ulcers, defines each stage as follows:
Stage I
The beginning stage of a pressure sore has the following characteristics:
The skin is not broken.
The skin appears red on people with lighter skin color, and the skin doesn’t briefly lighten (blanch) when touched.
On people with darker skin, the skin may show discoloration, and it doesn’t blanch when touched.
The site may be tender, painful, firm, soft, warm or cool compared with the surrounding skin.
Stage II
At stage II:
The outer layer of skin (epidermis) and part of the underlying layer of skin (dermis) is damaged or lost.
The wound may be shallow and pinkish or red.
The wound may look like a fluid-filled blister or a ruptured blister.
Stage III
At stage III, the ulcer is a deep wound:
The loss of skin usually exposes some fat.
The ulcer looks crater-like.
The bottom of the wound may have some yellowish dead tissue.
The damage may extend beyond the primary wound below layers of healthy skin.
Stage IV
A stage IV ulcer shows large-scale loss of tissue:
The wound may expose muscle, bone or tendons.
The bottom of the wound likely contains dead tissue that’s yellowish or dark and crusty.
The damage often extends beyond the primary wound below layers of healthy skin.*
* Information taken from Mayo Clinic website
Nursing home residents rely upon staff members to help them with the activities of daily living. Due to physical restrictions, it is often difficult for residents to move around on their own, feed themselves, use the bathroom or bathe without some level of assistance. However, many nursing homes are understaffed, and as a result, even the most caring nursing home workers have trouble attending to all of the residents who are under their care. When staff is stretched thin and cannot provide the appropriate level of care, it is more likely that accidents will happen and residents will suffer injuries.
When residents suffer life-altering or severe injuries due to nursing home negligence or abuse, families may seek justice to hold wrongdoers accountable. Nursing home lawsuits not only help victims seek compensation for the harms caused to them, they also send a message to facilities that abuse and neglect will not go unnoticed.
Medication errors pose serious risks to nursing home residents, many of whom already face compromised health conditions and require a number of prescription medications. These errors often occur when a nursing home does not employ enough properly trained and supervised staff to correctly administer medications to the residents under their care. When a resident suffers serious injuries, deterioration in his or her medical condition, or death as a result of a medication error, families have the right to take action to seek compensation and hold wrongdoers accountable.
The misappropriation of prescription medications is a frequent and serious problem in nursing homes.
Nursing homes are required to provide each resident with the appropriate level of supervision to address elopement and wandering behaviors. If a resident has a tendency to wander or has tried to leave the nursing home on his or her own, the nursing homes must recognize these behaviors and implement a care plan with measures to prevent the resident from leaving or wandering.
When long-term care residents are not properly supervised and allowed to move about or away from a facility on their own, they are at risk for suffering serious injuries and even death. Nursing home elopement and wandering are related concepts, and in most cases are a result of poor supervision by staff.
When nursing home staff members fail to implement measures to address wandering or elopement behaviors, residents are at a higher risk for falls, exposure to harsh weather conditions, and other significant dangers.
Nursing homes sometimes use restraints to control residents who are disruptive, have a history of falls, or who have mobility, cognitive or functional disabilities that make them need frequent assistance or supervision. Using restraints for these purposes is an improper and unlawful practice.
The Federal Nursing Home Reform Law of 1987 says nursing home residents have the right to be free from physical or chemical restraints imposed for purposes of discipline or convenience, or that are otherwise not required to treat the resident’s medical symptoms.
In some situations, nursing home patients may be properly restrained to ensure that they do not hurt themselves or others. However, nursing home residents should not be subject to physical, chemical (drugs) or psychological restraints as punishment or for the staff’s convenience.
If you recognize the signs of a nursing home resident having been restrained, you should ask staff and/or management why such measures are necessary and what options have been tried other than restraints. You should also consult a nursing home neglect and abuse attorney about your loved one’s rights and the possibility that he or she is being subjected to unlawful abuse.
There are a variety of factors which can lead to malnutrition. Depression, an increasing problem among the elderly, is a potential cause of malnutrition because individuals suffering from depression have a tendency to eat less and in turn to do not receive appropriate vitamins and minerals to prevent malnutrition. Other causes of malnutrition include difficulty swallowing and adverse drug effects such as vomiting and diarrhea. Nursing homes often fail to take steps to prevent malnutrition by not monitoring resident food intake and output, not providing a comfortable environment to promote eating and not providing food that is appetizing.
The elderly have less water content in their bodies than younger adults and a decreased thirst response which, among other factors, puts them at risk for dehydration. Increasing fluid intake in the elderly is important and relatively simple. The nursing home should monitor the resident’s fluid intake and ensure that the resident drinks at least six cups of fluid each day.
Maintaining appropriate nutritional and hydrational status is important in the nursing home setting. Residents who do not receive adequate nutrition and hydration in their diets are more at risk for the development of pressure ulcers, infection, muscle weakness leading to immobility and falls and poor nutrition and hydration make it more difficult for existing pressure ulcers and infections to heal.
When nursing homes fail to implement proper precautions to address a resident’s risk for falls, and the resident is injured, family members should take action. Although some falls are unavoidable, oftentimes falls in nursing homes are a sign of nursing home negligence. When staff cannot properly supervise monitor residents, fall related injuries are more likely to occur.
Nursing home falls are common because residents are typically older and have difficulty walking due to muscle and bone density loss, medication side effects, poor vision and gait problems. However, nursing home falls are often preventable if employees take the proper steps to supervise and protect residents under their care. According to the Centers for Disease Control and Prevention, 1,800 nursing home residents die from fall related injuries every year, and those who survive often suffer debilitating injuries from which they never fully recover.
Nursing home staff plays an important role in protecting the safety of residents as they move about the facility. When a patient is admitted into a nursing home, staff must assess his or her risks for falls and identify and implement interventions to address these risks. Reassessments should occur after any fall or change in medical condition. Residents at risk should be monitored closely and receive assistance with transfers to prevent them from falling. Bed rails, non-skid footwear, appropriate arm chair with wheels locked at bedside, walkers and canes can be used to help prevent falls.
In order to receive Medicare and Medicaid funding, nursing homes must comply with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).
Under the regulations, the nursing home must:
In order to protect individuals that are in nursing home, Congress enacted the Omnibus Budget Reconciliation Act of 1987 (OBRA 1987), also known as the Nursing Home Reform Act, setting forth certain requirements for quality of care. These regulations(hyper link to section below) demand that a nursing home that receives Medicare and Medicaid funding “must provide services and activities to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident in accordance with a written plan of care…” States may pass even stricter standards if they choose.
Datsopoulos MacDonald & Lind has vast experience handling nursing home incidents and getting results for our clients. If you believe that a loved one may be the victim of nursing home neglect or abuse you should take action quickly and contact us online or call us at 406-728-0810 to set up a free consultation with an experienced injury lawyer.
[1] H. Comm. on Governmental Reform, Minority Staff Report, Abuse of Residents Is a Major Problem in U.S. Nursing Homes 1 (2001).
