Montana · Medical Malpractice
Montana medical malpractice damage caps and statute of limitations
Refreshed 2026. $350,000 (2026) damage cap. 2 years from injury OR 2 years from discovery, whichever is later. Full breakdown below.
Damage caps
MT Code Ann. § 25-9-411Non-economic damages cap
$350,000 (2026)
Total damages cap
None
Status
active
Notes
HB 195 (2025) revised caps. Increases $50,000/year: $400,000 (2027), $450,000 (2028), $500,000 (2029). After 2029, 2% annual increase. Cap is concealed from jury. Prior cap was $250,000.
Statute of limitations
MT Code Ann. § 27-2-205Standard SOL
2 years from injury OR 2 years from discovery, whichever is later
Discovery rule
Yes; runs from actual or constructive discovery
Statute of repose
5 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 18 but subject to 5-year repose
Wrongful death SOL
3 years from date of death
Beyond the lookup: Montana venue intelligence
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Montana med-mal FAQ
What is the medical malpractice statute of limitations in Montana?+
2 years from injury OR 2 years from discovery, whichever is later. Yes; runs from actual or constructive discovery Statute of repose: 5 years from act or omission. Wrongful death: 3 years from date of death. Source: MT Code Ann. § 27-2-205.
Does Montana have a medical malpractice damage cap?+
Non-economic cap: $350,000 (2026). HB 195 (2025) revised caps. Increases $50,000/year: $400,000 (2027), $450,000 (2028), $500,000 (2029). After 2029, 2% annual increase. Cap is concealed from jury. Prior cap was $250,000. Source: MT Code Ann. § 25-9-411.
How does Montana handle the discovery rule in med-mal cases?+
Yes; runs from actual or constructive discovery
What is the Montana minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 18 but subject to 5-year repose
What is the wrongful death statute of limitations for Montana medical malpractice?+
3 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Montana damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Montana attorney before relying on a deadline. Data refreshed May 2026.