Medical Malpractice Statute of Limitations in Montana
Last verified 2026-07 · Source: Mont. Code Ann. § 27-2-205 ✓ verified · 3 sources
The deadline
2 years
from the date of injury or the date the plaintiff discovers or through reasonable diligence should have discovered the injury, whichever occurs last, under Mont. Code Ann. § 27-2-205.
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Under Mont. Code Ann. § 27-2-205, you have 2 years from the date of injury or the date the plaintiff discovers or through reasonable diligence should have discovered the injury, whichever occurs last to file a medical malpractice claim in Montana. Miss it and you lose the right to sue — but several Montana-specific exceptions can extend (or shorten) that window, detailed below.
Montana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Mont. Code Ann. § 27-2-205 |
| Car Accident | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Credit Card Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
| Wrongful Death | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
| Personal Injury | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Dog Bite | 3 yrs | Mont. Code Ann. § 27-2-204 |
| Slip and Fall | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
| Defamation | 2 yrs | Mont. Code Ann. § 27-2-204(3) |
| Breach of Contract | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
| Medical Debt | 5 yrs | Mont. Code Ann. § 27-2-202(2) |
When the Clock Starts
In Montana, the limitations period for medical malpractice claims generally begins on the date of injury or the date the plaintiff discovers or through reasonable diligence should have discovered the injury, whichever occurs last. Montana recognizes a discovery rule for this claim type: Discovery extends the 2-year clock to run from when the injury was or should have been discovered, but an absolute 5-year statute of repose from the date of injury bars all claims (tolled only for a defendant's failure to disclose an act, error, or omission).
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: A written claim must first be presented to the Department of Administration (state) or the political subdivision before suit under Mont. Code Ann. § 2-9-301; there is no shortened notice window but the claim must be filed within the applicable limitations period (Mont. Code Ann. § 2-9-302).
- Damage caps: $300,000 cap on noneconomic damages, Mont. Code Ann. § 25-9-411 (raised from $250,000 effective March 27, 2025 by 2025 HB 195).
Pre-suit review by the Montana Medical Legal Panel is mandatory before filing most medical malpractice suits (Mont. Code Ann. Title 27, ch. 6), and the noneconomic cap was increased to $300,000 in 2025.
Source: Mont. Code Ann. § 27-2-205, official Montana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Montana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Montana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Montana | 2 years | Mont. Code Ann. § 27-2-205 |
| North Dakota | 2 yrs | N.D.C.C. § 28-01-18(3) |
| South Dakota | 2 yrs | SDCL § 15-2-14.1 |
| Wyoming | 2 yrs | Wyo. Stat. § 1-3-107 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Montana?
You have 2 years from the date of injury or the date the plaintiff discovers or through reasonable diligence should have discovered the injury, whichever occurs last, under Mont. Code Ann. § 27-2-205.
Can I still sue after 2 years in Montana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Montana?
Yes. Discovery extends the 2-year clock to run from when the injury was or should have been discovered, but an absolute 5-year statute of repose from the date of injury bars all claims (tolled only for a defendant's failure to disclose an act, error, or omission).
What if the victim was a minor?
Montana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
A written claim must first be presented to the Department of Administration (state) or the political subdivision before suit under Mont. Code Ann. § 2-9-301; there is no shortened notice window but the claim must be filed within the applicable limitations period (Mont. Code Ann. § 2-9-302).
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Sources
- Official Montana Code Annotated 27-2-205, Actions for medical malpractice (Montana Legislature)
- Corroborating Mont. Code Ann. § 27-2-205 (Justia)
- Corroborating Montana Medical Malpractice Laws (Nolo)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Montana attorney.