Montana Medical Malpractice Insurance: Statute of Limitations, Requirements and Costs

Montana Malpractice Laws 

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.

Montana Medical Malpractice: Facts & StatistIcs

  • In 2016, Montana had 5,244 licensed physicians within a population of 1,042,520 residents, equaling 503 physicians for every 100,000 people.
  • Medical malpractice suits in 2015 were 14.8 per 100,000 residents, with a total payout of $8.2 million. This represents a 5.11% decrease from 2014.
  • In 2015, Montana ranked 44th in medical malpractice lawsuits.
  • The most common three types of medicine practiced as of 2012 were family medicine/general practice, internal medicine, and anesthesiology.

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



Medical Malpractice Insurance in Montana
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