Medical Malpractice Rules in Montana
The deadline to file a medical malpractice claim in Montana, the discovery rule, and caps on damages.
Short answer: 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. Mont. Code Ann. § 27-2-205
| Medical malpractice deadline | 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 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 |
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FAQ
What is the statute of limitations for medical malpractice in Montana?
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).
Is there a cap on medical malpractice damages in Montana?
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.
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.