Montana (MT) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Montana.
Damage Cap
$250,000 non-economic damages
Statute of Limitations
3 years from the date of the injury or the date the injury was discovered or should have been discovered
Discovery Rule
Montana applies the discovery rule, beginning the statute when the plaintiff discovers or should discover the injury, subject to a 5-year statute of repose.
Pre-Filing Requirements
No mandatory pre-filing requirements, but expert testimony is required at trial.
Average Settlement
$150,000 - $350,000
Average Verdict
$250,000 - $800,000
Key Facts About Montana Medical Malpractice Law
- 1Montana caps non-economic damages at $250,000 for medical malpractice claims.
- 2The state follows a modified comparative negligence system with a 51% bar.
- 3Montana does not require mandatory pre-suit screening panels or certificates of merit.
- 4Punitive damages are available and capped at $10 million or 3% of the defendant's net worth, whichever is less.
Need Help with a Montana Medical Malpractice Case?
If you believe you have a medical malpractice claim in Montana, it is important to act quickly. The statute of limitations in Montana is 3 years from the date of the injury or the date the injury was discovered or should have been discovered. Most medical malpractice attorneys offer free initial consultations.