Montana law
Medical Malpractice Laws in Montana.
Montana medical malpractice claims are subject to a 2-year statute of limitations with a 5-year statute of repose. The state caps non-economic damages at $250,000. Before filing suit, claimants must submit their case to the Montana Medical Legal Panel for review. Montana follows the same comparative fault rules as general personal injury cases.
Last verified: 2026-02-25
State law
Statute of Limitations
Medical malpractice claims must be filed within 2 years of the date of injury or within 2 years of when the plaintiff discovered or should have discovered the injury, whichever is later. No action may be commenced more than 5 years from the date of the alleged negligent act.
Exceptions
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.
State law
Fault & Liability Rules
The same comparative fault rules apply as in general personal injury. If the patient is 51% or more at fault (rare in medical malpractice), they recover nothing.
State law
Damage Caps
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.
State law
Filing Requirements
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.
State law
Key Montana Statutes
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.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.
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