Link to State Law: Montana Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Montana state law, contact an experienced attorney.
Statute of Limitations: A medical malpractice action in Montana must be commenced within 3 years of the reasonable date of discovery to a maximum of five years following the date of the act or omission giving rise to the claim. In cases involving minors under the age of four, the statute of limitations begins to run on the minor's eighth birthday.
Minimum Qualifications of Expert Witnesses: Montana does not have any minimum qualifications for medical malpractice expert witnesses who testify in cases.
Limitations on Monetary Damages: Montana caps non-economic damages in medical malpractice cases at $250,000.
Limitations on Attorney Fees: Montana does not place limits on attorney fees in medical malpractice cases.