Hiring a Medical Malpractice Lawyer in Montana
The deadline to sue for medical malpractice in Montana, any limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Montana: fee rules
| Rules on contingency fees | Under Montana Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client and must state how the fee is determined, including the percentage(s) for settlement, trial or appeal; the litigation and other expenses deducted from the recovery; and whether expenses come out before or after the fee is calculated. It must clearly tell the client about any expenses the client owes whether or not the client wins. At the end, the lawyer must give the client a written statement of the outcome and, if there is a recovery, the amount paid to the client and how it was figured. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of maintenance, support or property settlement, and contingent fees for defending a criminal case. Rule 1.5(b) also requires the scope and basis or rate of fees to be communicated in writing, except where total cost is reasonably foreseeable to be $500 or less. |
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| If you disagree with a lawyer's bill | The State Bar of Montana runs a fee arbitration program for disputes over fees and costs paid, charged or claimed by lawyers practicing in Montana. To start, both an Arbitration Agreement and a Petition for Arbitration must be completed and returned; the Rules on Fee Arbitration are posted on the page. Fee arbitration is not for negligence, malpractice or ethics complaints, which go to the Office of Disciplinary Counsel or a court. |
| If a lawyer takes your money | The State Bar of Montana's Lawyers' Fund for Client Protection reimburses losses caused by dishonest conduct or mishandling of funds by a Montana lawyer within an attorney-client relationship; it does not cover negligence or malpractice. The claimant must have made a reasonable attempt to recover the money from the lawyer, and conditions such as the lawyer's death, incompetency, criminal conviction, disbarment or suspension apply. No fixed maximum is stated; the amount depends on factors including the Fund's balance, and partial awards may be made. Apply with the Lawyers Fund Application on the page; a lawyer is not needed to file a claim. |
Montana rules to know first
| Deadline to sue for medical malpractice | Two years after the date of injury or two years after the patient discovers (or reasonably should have discovered) the injury, whichever is later, but never more than five years after the date of injury. The time is paused while the provider fails to disclose a known act, error or omission. For a child injured before age 4, the time starts at the child's 8th birthday (or death, if earlier). Effective Oct. 1, 2026, a separate deadline applies to claims about gender transition treatment received as a minor (Mont. Code Ann. § 27-2-219). Source: Mont. Code Ann. § 27-2-205 |
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| Medical malpractice damage caps | Yes. Noneconomic damages for all claims arising from injuries to a patient from a single incident of malpractice may not exceed the noneconomic damage limit. The limit was $300,000 and rises to $350,000 effective January 1, 2026, $400,000 in 2027, $450,000 in 2028 and $500,000 in 2029, then by 2% a year starting in 2030. The limit that applies is the one in effect when the claimant first files with the Montana Medical Legal Panel. Source: Mont. Code Ann. § 25-9-411 |
Find and check a lawyer
| Lawyer referral service | The State Bar of Montana provides a lawyer referral service called Licensed Lawyer Montana, free of charge to the public. Only attorneys who opt to include their information and maintain malpractice insurance are part of the program; the State Bar does not recommend specific attorneys or make general referrals outside this service. |
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| Check that the lawyer is licensed | The State Bar of Montana, which licenses and keeps the roll of Montana lawyers, publishes an Attorney Directory on its website. The Montana Office of Disciplinary Counsel says to contact the State Bar of Montana for a lawyer's license status or current contact information. |
| Check discipline history or file a complaint | The Office of Disciplinary Counsel (ODC), set up by the Montana Supreme Court, takes and investigates grievances against Montana lawyers; the Commission on Practice hears complaints and can recommend discipline to the Supreme Court. To file, mail the Grievance Cover Sheet with a signed, detailed written explanation and copies (not originals) of supporting documents to Office of Disciplinary Counsel, P.O. Box 1099, Helena, MT 59624-1099; grievances are not accepted through the website contact form. ODC publishes a list of publicly disciplined Montana lawyers (excluding private discipline), and public orders can be searched on the Montana Supreme Court Public View Docket. Phone: (406) 442-1648. Public discipline list: https://montanaodc.org/attorney-discipline |
Free legal help
| Free legal aid | Montana Legal Services Association (MLSA) provides free civil legal services to low-income Montanans. Apply online or call the HelpLine at 1-800-666-6899 (Tuesday through Thursday, 9:00 am to 1:00 pm); applicants generally hear back in 3-5 business days. The Montana Supreme Court's Court Help Program is a free service that gives legal information (not legal advice) to people with civil legal problems who cannot afford or choose not to hire an attorney, through local centers. The Legal Services Corporation (LSC) lists Montana Legal Services Association as the LSC-funded grantee in the state. Court Help Program: https://courts.mt.gov/selfhelp/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Montana · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.