Every state, including Montana, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Montana, the statute of limitations is three years. As for minors in Montana, parents or legal guardians of children under age four at the time of the alleged malpractice have until their 8th birthday to file a medical malpractice lawsuit.
Montana has adopted the doctrine of modified comparative negligence. Under this doctrine, a claimant’s action is barred if his negligence exceeds the combined negligence of all defendants (or all defendants and other persons). Otherwise, the claimant’s recovery is diminished in proportion to his degree of negligence.
Costs, Requirements, and Limitations:
• Industry Average Cost of a Montana Medical Malpractice Insurance Policy: $15,239
• Is Medical Malpractice Insurance Required in Montana? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Montana: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Montana?The cap on noneconomic damages in the state is $250,000.
• What is the “statute of limitations” for a medical malpractice complaint? 3 years, Montana Code Annotated section 27-2-205