Cannabis Law Attorney – Montana
Before launching a medical marijuana business, it is important to review your business formation options with a medical marijuana attorney Montana business owners trust. Medical marijuana is a newer industry and as such, the licensing requirements for medical marijuana operations are constantly evolving. It is therefore important to work with an attorney to better ensure that you have all your permits, applications, and regulatory considerations “in a row” before your company becomes operational.
However, even before you start to worry about permits and licensing, etc. you’ll need to determine what kind of business structure your company is going to operate under. The legal formation of your business requires you to choose a specific operational structure. This structural decision will impact everything from how your business is taxed to the amount of liability that you may be personally exposed to in the event that your business suffers losses or issued. As a result, it is critically important that you speak with a trusted Montana medical marijuana attorney about your options before you commit to any particular structure.
Business Formation Considerations – Cannabis Law Operations
There are four primary legal structures that you can use when incorporating your medical marijuana business. Note that there are some nuanced options within a few of these structures that our firm may recommend that you consider, given your company’s particular needs and your vision for your business. However, all legal structures are subcategorized underneath these broad four options. Each of these primary options has potential benefits and potential drawbacks for business owners. The “best” business model for your company will be the option that best suits its unique needs. Don’t be tempted to assume a business model that your competitors have chosen based on assumptions that “this is the way things are done.” Weigh your options carefully and choose whichever structure uniquely makes sense for you and your company.
Sole proprietorships and partnerships are not subject to the same levels of governmental reporting that the other two options are. Similarly, they have flexible management structures. Sole proprietorships are owned by a single individual, while partnerships have multiple owners. These businesses are taxed personally and do not limit an owner’s personal liability in the event that the business is sued or experiences financial trouble. By contrast, limited liability companies do provide significant personal liability protection for members (the LLC term for owners). These businesses may be taxed individually or on a corporate level. Their management structures and reporting requirements are more significant than those demanded of sole proprietorships and partnerships. Finally, corporations have strict management structures, are taxed as separate entities, and are subject to strict reporting requirements. Corporate structure is generally the most attractive when a startup founder is interested in raising capital through the sale of shares, wants no personal liability for the business, and is interested in rapid and expansive growth of the operations in question.
What Amounts to Cannabis Law Malpractice?
Medical professionals and the facilities where they work have a duty to protect and care for patients. But, unfortunately, there are times when lapses in care and judgment occur that negatively impact the people they have sworn an oath to help and protect. Cannabis Law Attorneys Montana will help protect you from any malpractice.
Cannabis Law malpractice, much like personal injury, must have an element of negligence to qualify. The act that causes harm may be intentional, such as giving the wrong dose of medication without consulting a chart. However, the injury may also be caused by a medical provider’s inaction, such as in the case of bedsores on an aging person. Discover the four elements of negligence that must be proven in a medical malpractice case by a medical marijuana attorney in Montana.
A Duty To Care for Someone
Not all medical professionals have the duty to care for others. For malpractice to exist, the doctor or medical provider must have an established relationship with the patient. Unless this exists, a provider may not necessarily be negligent. However, if there is a relationship between a primary care physician and a patient of five years, then malpractice may apply. In this kind of relationship, the provider has the duty to care for the patient with the same diligence and care that another provider with the same relationship would.
A Failure To Care for a Patient
The next element in malpractice is showing how the provider failed to provide the proper care for the patient. This dereliction is most commonly referred to as a breach of duty. Proving this element is one of the most difficult obstacles to a successful medical malpractice suit because the patient must show that the provider acted recklessly or failed to act properly. Often, other medical personnel in similar roles are called upon to testify on behalf of the patient to demonstrate why or how the practitioner was reckless.
The Error Caused the Harm
Once the breach in care obstacle is clear, how it injured the patient must be shown. This can typically be shown through medical records and subsequent exams by other medical professionals. An example of this would be to show how a doctor’s failure to chart patient allergies resulted in the dispensing of a medication that led to a violent reaction. Medical marijuana attorneys Montana at Silverman Law Office, PLLC can give you more examples on how a breach in care can be shown and how it injured the patient.
The Patient Suffered
Finally, the patient must show how they suffered as a result of the negligence. This can be done by medical records documenting the patient’s treatment because of the illness or injury. It can also be done via mental health records showing the emotional toll the damage took.
Medical malpractice is a serious charge and for good cause. With so many lives at stake, practitioners must do what they can to help and not harm.
Legal Assistance Is Available
There is no “right or wrong” answer as to which business structure you should choose for your company. When you arrive for a consultation at Silverman Law Office, PLLC, we’ll explain how each option could affect your business practically, financially, and legally. Our Montana medical marijuana attorney team looks forward to speaking with you about your new company’s needs.
Contact Our Cannabis Law Attorneys in Montana Today
We want to help you in your case. Call our medical marijuana attorneys at Silverman Law Office, PLLC today to schedule a consultation in our Montana office.
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