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Is there a cap on medical malpractice damages in Montana?

Once you have discovered that you have been the victim of medical malpractice in Montana, it is important to act quickly. According to state law, you have three years from the date of the act or the date the injury was or should have been discovered to file a lawsuit. It is important to note that the state puts a five-year limit from the date of the act no matter when the injury was discovered.

You should be aware that when you file a claim, you may be eligible for a number of damages, such as the following:

  • Economic: These replace quantifiable costs, such as medical bills and lost wages.
  • Noneconomic: These address issues such as pain and suffering or a loss of enjoyment of life.
  • Punitive: Though rare, these damages are intended to additionally punish the defendant.

Montana law does limit the amount of money you can receive for noneconomic damages to $250,000. In many states across the country, the practice of capping damages has been rebuked for its shortsightedness. Critics rightly state that putting a limit on what a victim’s grief is worth is in poor form.

Fortunately, the state does not limit the amount that can be recovered for economic damages. That is why it is important for a victim to pay strict attention to all expenses that stem from the injury, such as medical bills, prescriptions, rehabilitation and time missed from work or a future loss of income.

While this information may be useful, it should not be taken as legal advice.

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