Montana Medical Malpractice Laws

If the healthcare provider failed to disclose the medical error or its potential harm, the 5-year statute of repose does not apply. The 2-year clock starts from when the error would have been discovered with reasonable diligence.

If the child was younger than 4 years old when the malpractice occurred, the 2-year and 5-year limitation periods begin running on the child's 8th birthday.

Montana caps non-economic damages (pain and suffering, loss of enjoyment of life, etc.) in medical malpractice cases at $250,000 regardless of the severity of the injury. This is among the lowest caps in the country. The constitutionality of this cap has been questioned but not struck down by the Montana Supreme Court.

There is no cap on economic damages such as medical bills, lost wages, and future medical expenses in medical malpractice cases.

Punitive damages require clear and convincing evidence of actual fraud or actual malice. The same cap applies as in general personal injury cases.

Before filing a lawsuit, claimants must submit their case to the Montana Medical Legal Panel for review. The application must include details of the alleged negligent conduct, dates, names of all treating providers, witness contacts, and authorization to release medical records. The panel's determination is not binding and is not admissible in court.

Established in 1977, the Montana Medical Legal Panel reviews medical malpractice claims before they proceed to court. Claimants must file an Application for Review of Claim. The panel's decision is advisory only and not admissible as evidence.

Healthcare providers must obtain informed consent before treatment. The provider must disclose the nature of the proposed treatment, risks, alternatives, and the likely outcome if no treatment is provided.