Montana Medical Malpractice Statute of Limitations

Medical malpractice is a violation of the trust placed in a health care provider by a patient.  It occurs when that medical professional fails to provide adequate care to a patient, when there are errors in care to the patient, or when there are delays in care to such a degree that the patient is injured as a result.  The standard of adequate care is determined by the level of skill and diligence practiced by and expected of other competent physicians in those same kinds of circumstances in the medical community. 

If a provider’s care does not measure up to those standards and causes injury to the patient, all states, including Montana, provide an avenue for filing a medical malpractice claim to recover compensation.  All states, including Montana, also have statutes of limitations that require a victim to file their lawsuit within certain limits.  Those limits vary by state and injury, but in Montana, that limit is generally 3 years.

Time Limits for Filing a Claim

In most cases of medical malpractice, the victim knows immediately and painfully that an injury has occurred.  In those situations, a victim will enlist the aid of an attorney and decide quickly whether to file a lawsuit.  However, in some situations an injury may not be discovered until some time, even years, later.  That can include cases in which a surgeon leaves a medical instrument in a patient’s body or fails to close an incision properly.  That is why most states have exceptions to their medical malpractice statute of limitations laws.  In Montana, while the general malpractice statute of limitations is 3 years, that statute begins running either on the date of the injury, or on the date when the injury was discovered or should have been discovered. 

But no malpractice suits can be filed more than 5 years after the date of the injury.  For wrongful death suits based on medical malpractice, the family or estate must file their claim within 3 years of the date of death.  The standard Montana statute of limitations applies to minors 4 years old and older, as well.  For minors under the age of 4, the 3-year statute of limitations begins running on their 8^th birthday.

Negligence Laws

There are additional stipulations regarding negligence suits in the state of Montana, including protection for physicians who express sympathy or apology for malpractice injuries.  Such statements are not admissible in court and are not considered an admission of guilt.  Recent laws also limit the liability of a health care provider for the actions of an employee while not under their jurisdiction, nor are they liable for the negligent acts of all who claim to fall under their jurisdiction.  In addition, for all malpractice cases that are not subject to an arbitration agreement, mandatory screening by a Medical Legal Review Panel is required.  However, the results of this screening are not admissible in court.  The following chart contains additional negligence laws that apply in the state of Montana:

Award Limits in Montana

Under recent tort reform laws, Montana has enacted a $250,000 limit on non-economic damages in medical malpractice cases.  However, punitive damages are prohibited unless the court determines that the defendant showed deliberate malice.

Legal Help

There is legal help available for those who are victims of medical malpractice.  However, many believe the cost of such help is prohibitive; and they may fear even pursuing a case for that reason.  That is not always true.  In fact, because of the complexity of malpractice lawsuits, it can be extremely difficult to win them without the guidance and expertise of an experienced attorney.  In some cases, the awards are well worth the expense of a malpractice lawyer.  In addition, in fact, many will make it clear from the very start whether a malpractice suit is justified.