Montana Statute of Limitations for Medical Malpractice
In Montana, the statute of limitations for medical malpractice is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Mont. Code § 27-2-205.
- 3 years from the act or from discovery. 5-year statute of repose.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
3 years from the act or from discovery. 5-year statute of repose.
General Montana Rules
Montana provides an 8-year period for written contract claims, one of the longer periods nationally. The discovery rule applies to personal injury, medical malpractice, and fraud claims. Montana has a 5-year statute of repose for medical malpractice.
Other Statutes of Limitations in Montana
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Montana?
The statute of limitations for medical malpractice in Montana is 3 years. Citation: Mont. Code § 27-2-205.
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When does the clock start for medical malpractice in Montana?
3 years from the act or from discovery. 5-year statute of repose.
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Can the statute of limitations for medical malpractice be extended in Montana?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.