Montana Medical Malpractice Laws

There is a limit in the amount of $250,000 for past and future noneconomic damages. The statute of limitations is three years from injury or reasonable discovery but no more than five years from the incident (for minors under age 4, the time limitation starts at age 8 or at death, whichever occurs first). There is modified joint and several liability (several liability for defendants whose negligence is determined to be 50% or less; joint liability if the defendants acted in concert in contributing to the injury or if one party acted as an agent of the other). There is no limit on attorney fees. Periodic payments will be ordered upon request of a party if the future damages award is in excess of $50,000; the total order for periodic payments must equal the amount of the future damages awarded without reduction to present value. A medical legal panel must consider the claim before a lawsuit is filed. The panel’s decision and opinion are not admissible during trial. No affidavit or certificate of merit is necessary.

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