Recent Montana News
Gov. Signs COVID-19 Liability Bill, Legislature considers family medical leave, wolf hunting, income tax and Indigenous Peoples Day in Week 6 of the Montana Legislature
SOURCE: Pathfinder Look What’s Law: Governor Signs Bill Reducing COVID-19 Liability, Rolls Back Mask Mandate Montana Gov. Greg Gianforte has signed into law a major COVID-19 liability bill, which soared through the Montana Legislature during its first month. Senate...
House endorses bill giving sweeping protection to medical providers against malpractice lawsuit
HELENA — A bill creating sweeping protections for physicians and other medical providers against malpractice lawsuits won endorsement Tuesday from the Montana House. On a mostly party-line vote with Republicans in favor, the House voted 65-35 for House Bill 405, which...
Current Medical Liability Laws
| Damage Caps | $250,000 cap on non- economic damages (1995, 1997) |
| Joint Liability Reform | Any party whose negligence is 50% or less of the combined negligence of all persons is severally liable only. The remaining parties are jointly and severally liable for the total less the amount attributable to the claimant. A party may be jointly liable for all damages caused by the negligence of another if both acted in concert or if one party acted as an agent of the other. |
| Collateral Source Reform | Yes, in cases where damages exceed $50,000. Total damages must be reduced by amount of prior payment from collateral sources that do not involve rights of subrogation. |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. Upon any party’s request, the court must enter an order for periodic payment of future damages exceeding $50,000. |