Medical malpractice in Montana
$350,000 for 2026 Panel filings
Montana medical malpractice claims generally must go to the Montana Medical Legal Panel before court. They usually must be filed within two years of injury or discovery, and no later than five years after the injury. Noneconomic damages are capped at $350,000 for claims first filed with the Panel in 2026.
Last reviewed September 22, 2026
- 2026 noneconomic cap
- $350,000
- Panel filing
- Required
- Usual filing window
- 2 years
Claims first filed with the Panel in 2026
Before a complaint in most Montana cases
And no later than 5 years after the injury
Damage caps
Noneconomic damages for a single malpractice incident are capped. The 2026 Panel-filing limit is $350,000. Later years rise on the statutory schedule. Economic damages are not capped by that statute. The dollar that applies is the one in effect when the Panel claim, or an exempt court case, is first filed.
Not capped
Economic damages
Economic loss is outside the noneconomic limitation in section 25-9-411. Other evidence rules, including medical-charge provisions, can still affect proof.
Capped
Noneconomic damages
Past and future noneconomic loss for a malpractice claim or claims based on a single incident may not exceed the applicable limit. Claims that derive from injuries to one patient are aggregated, whether one provider or several are named. For a claim first filed with the Panel in 2026, that limit is $350,000.
The applicable limit is the amount in effect when the claimant first files with the Medical Legal Panel. If the claim is exempt from the Panel Act, it is the amount in effect when the lawsuit is first filed. The limit is not disclosed to the jury. Do not quote a pre-2026 dollar for a 2026 filing.
One incident uses one noneconomic limit. The limit does not stack because more than one provider is named.
Noneconomic limit by Panel-filing year
The dollar is the limit in effect when the Panel claim is first filed, or when an exempt lawsuit is first filed. The 2026 row matches this review.
| Milestone | Noneconomic limit | Death claims |
|---|---|---|
| First filed in 2026Review year | $350,000 | Same incident limit |
| First filed in 2027 | $400,000 | Same incident limit |
| First filed in 2028 | $450,000 | Same incident limit |
| First filed in 2029 | $500,000 | Same incident limit |
| First filed in 2030 or later | 2% annual increase | Same incident limit |
Each figure is one aggregate noneconomic limit for a single incident, including a death claim. It is not a second cap stacked on top of the injury column. Beginning in 2030 the statute calls for a 2 percent annual increase, published through the court administrator. The jury is not told the limit.
Filing deadlines
Submit the claim to the Medical Legal Panel before suing in most cases. File the court action within two years of injury or discovery, and no later than five years after the injury, subject to concealment tolling and a special rule for a very young child.
- General rule
The action must be commenced within two years after the date of injury, or within two years after the plaintiff discovers or reasonably should have discovered the injury, whichever occurs last, but in no case after five years from the date of injury.
- Concealment
Time is tolled during any period in which there was a failure to disclose a known act, error, or omission, or one that was reasonably knowable, on which the action is based.
- Young children
If the patient was under age 4 on the injury date, the limitations period begins when the minor reaches age 8 or dies, whichever comes first. Further tolling can apply while the minor is not residing with a parent or guardian.
- Medical Legal Panel
Claimants shall submit the case to the Montana Medical Legal Panel before filing a complaint in any Montana court, by written application to the panel director. The Panel filing date also locks the noneconomic limit. Failure to complete Panel review can risk dismissal because the statute makes Panel review a condition of suing. Confirm exceptions, including a valid arbitration agreement or a listed correctional-care context, before skipping the Panel. An October 1, 2026 reprint of the limitations statute should be checked before relying on a restated cross-reference.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
Ask which year the Panel claim was filed
The 2026 Panel-filing limit is $350,000. A later first filing uses a later step on the statutory schedule. The pre-2026 dollar is the wrong figure for a 2026 filing.
The Panel comes before the complaint
Mandatory Medical Legal Panel review is the process gate. The Panel filing date also selects the noneconomic limit.
Five years is the outer limit
Discovery can extend the two-year period, but not past five years from the injury, unless concealment tolling or the young-child rule applies.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Montana case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Panel timing, the filing-year noneconomic limit, and proof of damages often shape Montana ranges.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. MCA section 25-9-411 limits past and future noneconomic loss for a malpractice claim based on a single incident. The limit in effect on January 1, 2026 is $350,000. Later statutory steps are $400,000 in 2027, $450,000 in 2028, and $500,000 in 2029, then 2 percent annual increases from 2030. The dollar that applies is the limit in effect when the claimant first files with the Montana Medical Legal Panel, or when suit is first filed if the claim is exempt from the Panel Act. Do not use a pre-2026 figure for a 2026 Panel filing. Economic damages are not capped by section 25-9-411. Panel submission is a general prerequisite under MCA section 27-6-301. The filing period is two years from injury or discovery, and in no case more than five years from the injury, under MCA section 27-2-205, with concealment tolling and a special rule for a minor under age 4. An October 1, 2026 reprint of section 27-2-205 should be checked on legal review. The limit is not disclosed to the jury.
- MCA § 25-9-411 (opens in a new tab)Accessed September 22, 2026
- MCA § 27-2-205 (opens in a new tab)Accessed September 22, 2026
- MCA § 27-6-301 (opens in a new tab)Accessed September 22, 2026
- Montana Medical Legal Panel rules (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Montana attorney about Panel filing and the $350,000 noneconomic limit for 2026 filings.