Is there a cap on medical malpractice damages in Montana?
Like many states, Montana has passed a law that limits (or “caps”)
non-economic damages in medical malpractice cases, effectively
limiting the amount of money that a successful plaintiff can receive,
even after a jury has found the defendant liable
for medical malpractice.
Montana's cap for non-economic damages
in medical malpractice cases is set at $250,000,
according to Montana
Code Annotated section 25-9-411.
So, what are non-economic damages? They
are meant to compensate the plaintiff for the negative effects of
medical malpractice that aren't easily calculable; losses that are
more subjective from plaintiff to plaintiff. They include
compensation for pain and suffering, stress and anxiety, loss of
enjoyment of life, scarring and disfigurement, and similar harm
caused by the defendant's malpractice.
important to point out that Montana's cap on medical
malpractice damages does not apply to economic damages, which are
losses that include the plaintiff's past medical bills, cost of
future medical care, reimbursement of lost earnings, compensation for
harm to the plaintiff's ability to work because of the malpractice,
and any other provable losses that can be tied to the malpractice
and/or to the medical treatment that was made necessary by it.
by: David Goguen, J.D.