MontanaHB 19569th Legislature, Regular Session (2025)House

Revise noneconomic damages in medical malpractice actions

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Higher pain-and-suffering cap, rising yearly

Montana raises the cap on noneconomic damages (pain and suffering) in medical malpractice cases. The limit is $300,000, then $350,000 on Jan 1, 2026; $400,000 on Jan 1, 2027; $450,000 on Jan 1, 2028; and $500,000 on Jan 1, 2029. Starting Jan 1, 2030, the cap goes up 2% every Jan 1. If one incident harms several unrelated patients, each patient gets their own cap. The cap that applies to your case is the one in effect when you first file with the Montana Medical Legal Panel, or when you first file suit if your case is not subject to the panel. The Court Administrator must publish the updated cap within 14 days after each Jan 1, and the law is in effect now.

Cap enforcement and trial rules for damages

If noneconomic awards exceed the cap, courts must cut them down to the applicable limit. Courts reduce future noneconomic loss first, then past loss, and a claimant must prove separate injuries to keep separate awards. After cutting to the cap, courts apply other required reductions under Montana law and then any setoffs or credits for the defendant. Juries are not told about the cap. Future noneconomic damages are not discounted to present value.

Sponsors & Cosponsors

Sponsor

Stacy Zinn
Republican • House

Cosponsors

Greg Hertz
Republican • Senate
Wendy McKamey
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 282 • No: 14

House vote • 2/24/2025

Do Concur

Yes: 47 • No: 2

House vote • 2/21/2025

Do Concur

Yes: 48 • No: 2

House vote • 1/28/2025

Do Pass

Yes: 95 • No: 4

House vote • 1/27/2025