PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us via telephone, video conference, or FaceTime. Please call our office to discuss your options.
Cok Kinzler PLLP

Medical malpractice in Montana

Montana residents may benefit from learning more about how state laws govern civil action pertaining to medical malpractice liability. Under Section 16, 'The administration of justice", of the Montana Constitution, victims injured by medical malpractice may be entitled to full legal redress, without sale, denial or delay. In order to amend medical malpractice legislation, the actions must be approved by the Equal Protection Clauses of the U.S. and Montana constitutions.

In an effort towards minimizing the amount of medical malpractice claims to only include the meritorious, the Montana Medical Legal Panel Act was passed in 1977. A medical malpractice claim is submitted to a panel of three attorneys and three health care providers for approval before it's filed in court. Their decision is not binding and is prohibited from being used as evidence in trial. The statute of limitations, set forth in 1977, requires civil action for a medical malpractice claim to commence within three years of the procedure or three years of discovering the injury.

In 1999, the state legislature for filing limitations were upheld on the basis of lowering the costs of medical malpractice insurance and ensuring the affordability and availability of health care services. According to the statute, medical malpractice claims for children under 4 years old must be filed before the victim's death or eighth birthday, whichever occurs first.

However, there is a hard limit set forth that requires victims to file medical malpractice claim within five years of the original procedure. Victims who need help filing a malpractice claim or understanding certain amendments may benefit from contacting legal counsel. Lawyers may be able to investigate the claim and help the victim obtain an adequate amount of restitution that can help offset some of the resulting damages.

Source:, "Montana Medical Malpractice Liability Law", John MacMaster, September 19, 2014

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Help? Set Up Your free Consultation.

Call us at 800-677-6263 or use our contact form to arrange a free consultation with an experienced personal injury attorney.

How Can We Help? Set Up Your free Consultation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

35 North Bozeman Avenue
Bozeman, MT 59715

Toll Free: 800-677-6263
Fax: 406-587-9465
Map & Directions