MTN Investigates


MTN Investigates: Medical Malpractice in Montana

Malpractice in Montana
Posted at 3:14 PM, Dec 28, 2023
and last updated 2023-12-28 17:23:45-05

Montana Code Annotated 25-9-411: "In a malpractice claim…against one or more health care providers…an award…for non-economic loss may not exceed $250,000."

In layman's terms, this is referred to as 'The Cap.' It means if someone sues a medical provider for a mistake that provider made - one as serious as even wrongful death - the most money that person can get for the pain and suffering caused is $250,000. Of the 50 U.S. states, that number ranks 50th. In the nearly 30 years since the cap was enacted, it’s never been challenged at the Montana Supreme Court, but the largest ruling in state history could be about to change that and bring with it a massive shakeup to the industry.

Here are links to our five-part series: