Montana Medical Malpractice Insurance

Montana's Effort to Limit Liability for Medical Malpractice

The state of Montana has a medical malpractice cap on awards for non-economic damages of $250,000 for both past and future damages, for any single incident. Montana also has a medical malpractice cap on punitive damages of no more than $10,000,000 or 3% of a defendants net worth.

In 1977, the Montana legislature created the Montana Medical-Legal Panel. The purpose of the Medical-Legal Panel is to prevent the filing of court actions against health care providers where the facts do not permit at least a reasonable inference of malpractice. In short, prevention of “frivolous lawsuits.” This statute requires that each medical malpractice claim must be reviewed by a panel of three health care providers for merit. The Montana Medical-Legal Panel's responsibility is to decide whether or not there is evidence that the alleged acts occurred, that they constitute malpractice, and that there was reasonable probability that the plaintiff was inured by the act of malpractice.

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Statute of Limitations for Medical Malpractice in Montana

The statute of limitations in Montana is three years from the date of injury or time of discovery, for both wrongful death and personal injury. There is a five year limit on any action from the time of the injury.

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External Links & Resources for Montana Physicians & Surgeons

• Montana Medical Association (MMA)
• Montana Board of Medical Examiners