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Montana Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Mont. Code Ann. §27-2-205 Three years from injury or discovery, no more than five years from act. Minors under age 4: time limitation starts from age 8 or the minor's death, whichever occurs first.

Montana Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§25-9-411. $250,000 limit on past and future damages for noneconomic loss.

§27-1-220. A judge or jury may award, in addition to compensatory damages, punitive damages for the sake of example and for the purpose of punishing a defendant. An award for punitive damages may not exceed $10 million or three percent of a defendant's net worth, whichever is less.

Limits on Attorney Fees

No limitations.

Periodic Payments

§29-5-401 et seq. A party to an action for a malpractice claim in which $50,000 or more of future damages is awarded may, prior to the entry of judgment, request the court to enter a judgment ordering future damages to be paid in whole or in part by periodic payments rather than by a lump-sum payment. Upon a request, the court shall enter an order for periodic payment of future damages. The total dollar amount of the ordered periodic payments must equal the total dollar amount of the future damages without a reduction to present value. The court shall order that periodic payment of future damages be made, during the life of the judgment creditor or during the continuance of the compensable injury or disability of the judgment creditor, through the purchase of an inflation-indexed annuity approved by the court. If the judgment creditor dies before all periodic payments have been made, the remaining payments become the property of the creditor's estate.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§37-2-201. Non-liability for peer review