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Statute of Limitations

In Montana, medical malpractice actions alleging personal injury or wrongful death must be brought within three years from the date of injury or from the date when the claimant discovered

Comparative or contributory negligence

form of comparative negligence, any damages allowed must be diminished in the proportion to the percentage of negligence attributable to the person recovering.

Nature of accused's liability

where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment.

Law of contribution

Montana affords joint tortfeasors a right of contribution in medical malpractice actions

Expert testimony standards

Montana does not impose special rules on expert witness testimony in medical malpractice cases

Limits on compensation

For medical malpractice causes of action there is a limit of $250,000 on the non-economic damages a claimant can recover

Limits on attorney fees

none

Collateral Source rule enforced

Under a traditional collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources. For medical malpractice where the award exceeds $50,000.00 there is mandatory offset by the court for collateral source payments.

State and local health care providers immune from liabaility

The State of Montana has waived its immunity as well as that of its political subdivisions, including municipalities, counties, and towns. The state and its political subdivisions are, however, immune from liability for exemplary and punitive damages.

Select Your State

Select Your State

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Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability