Medical malpractice · Montana
For Medical malpractice · Montana, limitation period is within 2 years; when the clock starts is after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last; how the statute describes it is based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, verified against its source on 2026-08-25.
- Type of claim
- Medical malpractice our reading
- State
- Montana verified
- Limitation period
- within 2 years verified
- How the statute describes it
- based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission verified
- When the clock starts
- after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last verified
Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.
What the source says
based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsections (2) and (3), be commenced within 2 years after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury.
— mca.legmt.gov, retrieved 2026-08-25
Source
- mca.legmt.govhttps://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0050/0270-0020-0020-0050.html