# Medical malpractice · Montana — Civil statute of limitations by state and type of claim

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, not quoted from the source)_
- **State:** Montana _(verified: appears in the quote below)_
- **Limitation period:** within 2 years _(verified: appears in the quote below)_
- **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: appears in the quote below)_
- **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: appears in the quote below)_

## 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.

## Source

- https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0050/0270-0020-0020-0050.html

Last verified: 2026-08-25. Review by: 2027-08-25.
Part of [Civil statute of limitations by state and type of claim](https://referencesource.org/state-civil-statute-of-limitations/).