Revise noneconomic damages in medical malpractice actions

New cap on malpractice pain and suffering

The law caps pain-and-suffering (noneconomic) damages in Montana malpractice cases at $300,000, effective on passage. The cap rises to $350,000 on Jan 1, 2026; $400,000 in 2027; $450,000 in 2028; $500,000 in 2029; and by 2% each Jan 1 starting in 2030. The court administrator publishes each new amount within 14 days after Jan 1, and the new amount still takes effect on Jan 1. The cap applies per claimant for one malpractice incident, even if several providers are sued; if one incident injures multiple unrelated patients, each patient has a separate cap. The cap that applies to your case is the one in effect when you first file with the Montana Medical Legal Panel, or if that Act does not apply, when you first file in court. Awards above the cap are cut to the cap, with future noneconomic loss reduced first; future noneconomic damages are not discounted to present value, juries do not hear the cap, and courts apply comparative fault and other legal credits after the cap.