Health Justice Transformation - Montana

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages.

Joint Liability for Multiple Defendants

Any party whose negligence is 50% or less of the combined negligence of all persons is severally liable only. The remaining parties are jointly and severally liable for the total less the amount attributable to the plaintiff. A defendant may be jointly liable for all damages caused by the negligence of another if both acted in concert or of one party acted as an agent of the other.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes, in cases where damages exceed $50,000. Total damages must be reduced by amount of prior payment by collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Upon request of either party, the court must establish a schedule of payments for damages exceeding $50,000.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Plaintiff must submit all malpractice claims or potential malpractice claims filed against health care providers to the panel prior to filing a complaint. The panel must determine if there is substantial evidence that the acts complained of occurred, that they constitute malpractice, and whether there is a reasonable probability that the patient was injured thereby. The panel's decision must be in writing, but is not binding on any party. The panel's decision is not admissible in court and no member of the panel may be called as a witness. The panel can recommend an award as well as approve settlement agreements.

Standards for Expert Testimony/Witness

Expert testimony is generally required to establish a claim of medical malpractice. Experts must be licensed in at least one state and have within the past 5 years routinely treated the diagnosis or condition or provided the type of treatment at issue in the case. The expert must also demonstrate to the court that he/she is thoroughly familiar with the standards of care and must be in the same specialty as the defendant.