Montana Title 25. Civil Procedure § 25-9-411. Medical malpractice noneconomic damages limitation

(1)(a) In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed the applicable noneconomic damage limit as provided in subsection (1)(c).  All claims for noneconomic loss deriving from injuries to a patient are subject to an award not to exceed the applicable noneconomic damage limit as provided in subsection (1)(c).  This limitation applies whether:

(b) If a single incident of malpractice injures multiple, unrelated patients, the limitation on awards contained in subsection (1)(a) applies to each patient and all claims deriving from injuries to that patient.

(c) The noneconomic damage limit is $300,000.  The noneconomic damage limit increases as follows:

(d) The limit on past and future noneconomic damages in subsection (1)(a) applicable to a claimant's claim is the limit, as adjusted pursuant to subsection (1)(c), that is in effect on the date the claimant first files a claim with the Montana medical legal panel.  If the claim is not subject to the Montana Medical Legal Panel Act provided for in Title 27, chapter 6, the limit on past and future noneconomic damages pursuant to subsection (1)(a) that is applicable to a claimant's claim is the limit, as adjusted pursuant to subsection (1)(c), that is in effect on the date the claimant first files suit in Montana district court or any other court with jurisdiction over the case.

(2)(a) For the purposes of the limitation on awards contained in subsection (1), a claimant has the burden of proving separate injuries, each arising from a different act or series of acts.  An award or combination of awards in excess of the limit applicable to the claimant's claim must be reduced to the limit applicable as provided in subsection (1), after which the court shall make other reductions that are required by law.  If a combination of awards for past and future noneconomic loss is reduced in the same action, future noneconomic loss must be reduced first and, if necessary to reach the applicable limit, past noneconomic loss must then be reduced.  If a combination of awards is reduced to the applicable limit, a claimant's share of the applicable limit must be the same percentage as the claimant's share of the combined awards before reduction.

(b) For each claimant, further reductions must be made in the following order:

(a) “Claimant” includes but is not limited to:

(b) “Health care provider” means a physician, physician assistant, dentist, podiatrist, optometrist, chiropractor, physical therapist, or nurse licensed under Title 37 or a health care facility licensed under Title 50, chapter 5.

(c) “Malpractice claim” means a claim based on a negligent act or omission by a health care provider in the rendering of professional services that is the proximate cause of a personal injury or wrongful death.

(d) “Noneconomic loss” means subjective, nonmonetary loss, including but not limited to:

(e) “Patient” means a person who receives services from a health care provider.