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What Is the Statute of Limitations for Medical Malpractice in Montana?

In Montana, the statute of limitations for medical malpractice is generally 2 years under Mont. Code Ann. § 27-2-205.

2 YEARS
Medical Malpractice · Montana
2 Years (5-yr repose)
✓ Verified Checked Sep 2026

Medical malpractice Deadlines in Montana

How long do you have to file a medical malpractice claim in Montana?

In Montana, the statute of limitations for medical malpractice is generally 2 years under Mont. Code Ann. § 27-2-205. The full rule is: 2 Years (5-yr repose).

When does the clock start for medical malpractice in Montana?

Two years from the injury or from discovery, whichever is later, with a five-year cap from the date of injury.

Can the Montana deadline for medical malpractice be extended?

The five-year cap does not apply where the provider failed to disclose the error, including by fraudulent concealment. For a child injured before age four, the clock starts at the eighth birthday. MONTANA CAUTION: the official MCA page shows a new version of this section "(Effective October 1, 2026)" from 2025 legislation. Re-check this row once that version takes effect.

Is the deadline different if the claim is against the government in Montana?

Often, yes. Separate limits for local government claims under Mont. Code Ann. §§ 27-2-209, 2-9-301. MCA § 27-2-209 sets its own periods for actions against a local government or local government official, separate from the general tort rules. Claims against the State must be presented to the Department of Administration under § 2-9-301 before suit. Not confi…

How does Montana compare to other states for medical malpractice?

Montana's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →

What Does Medical Malpractice Cover?

Situations that typically fall under the medical malpractice deadline in Montana:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in Montana

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Montana attorney can tell you the deadline that applies to your situation.
See every filing deadline in Montana, or compare medical malpractice across all states.
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