Montana

Statute of

 Limitations

 Medical Claim Generally:

A medical malpractice claim must be commenced within 2 years after the date of injury or within 2 years after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant or through the use of reasonable diligence subsequent to the act, error, or omission would have been known to the defendant.

 Minors:

“In an action for death or injury of a minor who was under the age of 4 on the date of the minor's injury, the period of limitations in subsection (1) begins to run when the minor reaches the minor's eighth birthday or dies, whichever occurs first, and the time for commencement of the action is tolled during any period during which the minor does not reside with a parent or guardian” [MCA § 27-2-205(2)] 

 Wrongful death:

A wrongful death claim must be brought within 3 years of the date of death [Mont. Code § 27-2-204] 

 Damage Caps

“In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed $250,000. All claims for noneconomic loss deriving from injuries to a patient are subject to an award not to exceed $250,000.” [MCA § 25-9-411]

Attorney 

Fee Caps

Montana currently has no attorney fee caps other than the general requirement of reasonableness [Rule 1.5 of the Montana Rules of Professional Conduct]

 Pre-suit   Requirements

Claims of medical malpractice must first be submitted to the Montana Medical Legal Panel for a hearing and a decision of the panel before a claimant can file a civil action in any court. [ Mont. Code Ann. 27-6-101, et seq. ]

Expert  

 Qualifications

“An expert must be “licensed as a health care provider in at least one state and routinely treats or has routinely treated within the previous 5 years the diagnosis or condition or provides the type of treatment that is the subject matter of the malpractice claim or is or was within the previous 5 years an instructor of students in an accredited health professional school or accredited residency or clinical research program relating to the diagnosis or condition or the type of treatment that is the subject matter of the malpractice claim; and shows by competent evidence that, as a result of education, training, knowledge, and experience in the evaluation, diagnosis, or treatment of the disease or injury that is the subject matter of the malpractice claim against the health care provider, the person is thoroughly familiar with the standards of care and practice as they related to the act or omission that is the subject matter of the malpractice claim on the date of the incident upon which the malpractice claim is based.” However, if “the malpractice claim involves treatment that is recommended or provided by a physician as defined in 37-3-102, a person may not testify as an expert witness with respect to issues of negligence or standards of care and practice concerning the treatment unless the person is also a physician.” In addition, “a person qualified as an expert in one medical specialty or subspecialty is not qualified to testify with respect to a malpractice claim against a health care provider in another medical specialty or subspecialty unless there is a showing that the standards of care and practice in the two specialty or subspecialty fields are substantially similar.” [Mont. Code § 26-2-601]

 Negligent Credentialing   Claims

The Supreme Court of Montana seems to recognize negligent credentialing as a cause of action  [Brookins v. Mote]