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Medical Malpractice

The Clock is Ticking on Your Montana Medical Malpractice Claim

August 17, 2021

Every state has deadlines by which you must file a lawsuit in order to preserve your rights, referred to as “statutes of limitations.” These deadlines vary from state to state, as well as according to the type of claim you may have. These deadlines are important even if you don’t intend to file a lawsuit because the other party or their insurer won’t even consider your claim if the statute of limitations has passed. And if you try to file a lawsuit, the court will automatically dismiss your case, regardless of how strong your case may be. 

Montana medical malpractice cases are subject to a complex statute of limitation and determining how it applies to your case can be difficult. If you think you have a medical malpractice claim, the best thing you can do is talk to a Billings medical malpractice attorney as soon as possible. 

The Statute of Limitations for Medical Malpractice in Montana 

Montana’s statute of limitations as it applies to medical malpractice cases is currently in a state of flux. Currently, there is a two-year statute of limitations for medical malpractice claims, but effective July 1, 2025, it will be extended to three years. 

While this seems clear enough, it’s important to understand that there are two events that will start the clock on the statute of limitations: 

  1. The date you were injured; OR
  2. The date you discovered or should have discovered your injury

If it was immediately apparent that you are the victim of medical malpractice, then the statute of limitations would run from the date you received treatment. In other situations, the statute of limitations does not begin to run until you discover your injury or should have discovered your injury through the use of “reasonable diligence.” Whether you knew right away or just learned that you may be the victim of medical malpractice, you should contact a Montana medical malpractice attorney to discuss your case as soon as possible. 

Montana’s Statute of Repose

Montana’s statute of limitations also comes with a “statute of repose.” Similar to a statute of limitation, a statute of repose cuts off potential claims even if they haven’t yet been discovered. In Montana, no medical malpractice claims may be brought more than five years after the treatment occurred that caused the injury. However, this five-year limitation does not apply if the treatment provider failed to disclose or attempted to conceal the potential harm or injury they caused. 

As you can see, Montana’s statute of limitations comes with exceptions, which is why you should talk to a Billings medical malpractice attorney before making any decisions. 

Was Your Child the Victim of Medical Malpractice?

Another exception of note applies to children under the age of 4 – in that case, the statute of limitations does not start until the child turns 8 or dies, whichever occurs first. 

Call Billings Medical Malpractice Attorney Jim Ragain

Even though you may have two or more years to file your suit, the longer you wait, the more difficult it will be to prove your claim. The sooner you contact us, the sooner we can help – call us today at 406-651-8888 to schedule a free consultation to discuss your case.

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