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**** As of: 10/30/2024, 03:44:28
69th Legislature 2025 Drafter: Jameson Walker, **** LC 0417
1 **** BILL NO. ****
2 INTRODUCED BY ****
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE NONECONOMIC DAMAGE LIMITATION
5 APPLICABLE IN MEDICAL MALPRACTICE CASES; PROVIDING FOR ANNUAL INCREASES; PROVIDING
6 APPLICABILITY TO FUTURE AND EXISTING MALPRACTICE CLAIMS; AMENDING SECTION 25-9-411,
7 MCA; AND PROVIDING A RETROACTIVE APPLICABILITY DATE.”
8
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 1. Section 25-9-411, MCA, is amended to read:
13 "25-9-411. (Temporary) Medical malpractice noneconomic damages limitation. (1) (a) In a
14 malpractice claim or claims against one or more health care providers based on a single incident of
15 malpractice, an award for past and future damages for noneconomic loss may not exceed $250,000the
16 applicable noneconomic damage limit as provided in subsection (1)(c) of this section. All claims for
17 noneconomic loss deriving from injuries to a patient are subject to an award not to exceed $250,000 the
18 applicable noneconomic damage limit as provided in subsection (1)(c) of this section. This limitation applies
19 whether:
20 (i) based on the same act or a series of acts that allegedly caused the injury, injuries, death, or
21 deaths on which the action or actions are based; or
22 (ii) the act or series of acts were by one or more health care providers.
23 (b) If a single incident of malpractice injures multiple, unrelated patients, the limitation on awards Commented [JW1]: Just for informational purposes,
27-1-710 also imposes a $250,000 limit on damages on
24 contained in subsection (1)(a) applies to each patient and all claims deriving from injuries to that patient. injuries involving alcohol consumption.
25 (c) The noneconomic damages limit is $300,000. The noneconomic damage limit increases as
26 follows: Additionally, 25-9-412 cites this statute, applying to
malpractice claims in which $50,000 or more of future
27 (i) $350,000, effective January 1, 2026; damages is awarded. I don’t assume you would like to
change this.
28 (ii) $400,000, effective January 1, 2027;
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69th Legislature 2025 Drafter: Jameson Walker, **** LC 0417
1 (iii) $450,000 effective January 1, 2028;
2 (iv) $500,000 effective January 1, 2029; and
3 (v) Effective January 1, 2030 and on January 1 thereafter, the limit must be increased by 2% of the
4 prior year’s limit. The court administrator’s office shall publish the adjusted limit within 14 days of January 1 of
5 each year. Regardless of when the court administrator’s office publishes the adjusted limit, the adjusted limit
6 shall go into effect on January 1 of each year. Commented [JW2]: This requirement seems
redundant. I get the point of putting it in here, but it
7 (d) The limit on past and future noneconomic damages in subsection (1)(a) applicable to a seems duplicative.
8 claimant’s claim is the limit, as adjusted pursuant to subsection (1)(c), which is in effect on the date the claimant
9 first files a claim with the Montana medical legal panel. If the claim is not subject to the Montana medical legal Additionally, since it isn’t based on any formula or
calculation by the Court Administrator’s Office, wouldn’t
10 panel act, the limit on past and future noneconomic damages pursuant to subsection (1)(a) that is applicable to failure by the administrator to publish the new amount
be easily ascertainable by anyone?
11 a claimant’s claim is the limit, as adjusted pursuant to subsection (1)(c), which is in effect on the date the
12 claimant first files suit in Montana district court or any other court with jurisdiction over the case. Commented [JW3]: I think this could be written to be a
bit more direct:
13 (2) (a) For purposes of the limitation on awards contained in subsection (1), a claimant has the
14 burden of proving separate injuries, each arising from a different act or series of acts. An award or combination
“(d) The limit imposed on a claimant’s past and future
15 of awards in excess of $250,000the limit applicable to the claimant's claim must be reduced to $250,000the limit noneconomic damage applies on the date the claimant
files a claim with the Montana medical legal panel, Title
16 applicable as provided in subsection (1) of this section, after which the court shall make other reductions that 27, chapter 6. If a claim is not subject to the Montana
medical legal panel, the limit imposed on a claimant’s
17 are required by law. If a combination of awards for past and future noneconomic loss is reduced in the same past and future noneconomic damage applies on the
date a claimant first files suit in a Montana court with
18 action, future noneconomic loss must be reduced first and, if necessary to reach the $250,000 limitapplicable jurisdiction over the case.”
19 limit, past noneconomic loss must then be reduced. If a combination of awards is reduced to $250,000the
20 applicable limit, a claimant's share of the $250,000applicable limit must be the same percentage as the
21 claimant's share of the combined awards before reduction.
22 (b) For each claimant, further reductions must be made in the following order:
23 (i) first, reductions under 27-1-702;
24 (ii) second, reductions under 27-1-703; and
25 (iii) third, setoffs and credits to which a defendant is entitled.
26 (3) An award of future damages for noneconomic loss may not be discounted to present value.
27 (4) The $250,000applicable limit provided for in subsection (1) may not be disclosed to a jury.
28 (5) As used in this section, the following definitions apply:
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69th Legislature 2025 Drafter: Jameson Walker, **** LC 0417
1 (a) "Claimant" includes but is not limited to:
2 (i) a person suffering bodily injury;
3 (ii) a person making a claim as a result of bodily injury to or the death of another;
4 (iii) a person making a claim on behalf of someone who suffered bodily injury or death;
5 (iv) the representative of the estate of a person who suffered bodily injury or death; or
6 (v) a person bringing a wrongful death action.
7 (b) "Health care provider" means a physician, dentist, podiatrist, optometrist, chiropractor, physical
8 therapist, or nurse licensed under Title 37 or a health care facility licensed under Title 50, chapter 5.
9 (c) "Malpractice claim" means a claim based on a negligent act or omission by a health care
10 provider in the rendering of professional services that is the proximate cause of a personal injury or wrongful
11 death.
12 (d) "Noneconomic loss" means subjective, nonmonetary loss, including but not limited to:
13 (i) physical and mental pain or suffering;
14 (ii) emotional distress;
15 (iii) inconvenience;
16 (iv) subjective, nonmonetary loss arising from physical impairment or disfigurement;
17 (v) loss of society, companionship, and consortium, other than household services;
18 (vi) injury to reputation; and
19 (vii) humiliation.
20 (e) "Patient" means a person who receives services from a health care provider. (Terminates on
21 occurrence of contingency--sec. 11(2), Ch. 429, L. 1997.)
22 25-9-411. (Effective on occurrence of contingency) Medical malpractice noneconomic
23 damages limitation. (1) (a) In a malpractice claim or claims against one or more health care providers based
24 on a single incident of malpractice, an award for past and future damages for noneconomic loss may not
25 exceed $250,000 the applicable noneconomic damage limit as provided in subsection (1)(c) of this section. All
26 claims for noneconomic loss deriving from injuries to a patient are subject to an award not to exceed $250,000
27 the applicable noneconomic damage limit as provided in subsection (1)(c) of this section. This limitation applies
28 whether:
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69th Legislature 2025 Drafter: Jameson Walker, **** LC 0417
1 (i) based on the same act or a series of acts that allegedly caused the injury, injuries, death, or
2 deaths on which the action or actions are based; or
3 (ii) the act or series of acts were by one or more health care providers.
4 (b) If a single incident of malpractice injures multiple, unrelated patients, the limitation on awards
5 contained in subsection (1)(a) applies to each patient and all claims deriving from injuries to that patient.
6 (c) The noneconomic damages limit is $300,000, effective on [the effective date of this act]. The Commented [JW4]: Just for informational purposes,
27-1-710 also imposes a $250,000 limit on damages on
7 noneconomic damage limit increases as follows: injuries involving alcohol consumption.
8 (i) $350,000, effective January 1, 2026;
9 (ii) $400,000, effective January 1, 2027;
10 (iii) $450,000 effective January 1, 2028;
11 (iv) $500,000 effective January 1, 2029; and
12 (v) Effective January 1, 2030 and on January 1 thereafter, the limit must be increased by 2% of the
13 prior year’s limit. The court administrator’s office shall publish the adjusted limit within 14 days of January 1 of
14 each year. Regardless of when the court administrator’s office publishes the adjusted limit, the adjusted limit
15 shall go into effect on January 1 of each year. Commented [JW5]: This requirement seems
redundant. I get the point of putting it in here, but it
16 (d) The limit on past and future noneconomic damages in subsection (1)(a) applicable to a seems duplicative.
17 claimant’s claim is the limit, as adjusted pursuant to subsection (1)(c), which is in effect on the date the claimant
18 first files a claim with the Montana medical legal panel. If the claim is not subject to the Montana medical legal Additionally, since it isn’t based on any formula or
calculation by the Court Administrator’s Office, wouldn’t
19 panel act, the limit on past and future noneconomic damages pursuant to subsection (1)(a) that is applicable to failure by the administrator to publish the new amount
be easily ascertainable by anyone?
20 a claimant’s claim is the limit, as adjusted pursuant to subsection (1)(c), which is in effect on the date the
21 claimant first files suit in Montana district court or any other court with jurisdiction over the case
22 (2) (a) For purposes of the limitation on awards contained in subsection (1), a claimant has the
23 burden of proving separate injuries, each arising from a different act or series of acts. An award or combination
24 of awards in excess of $250,000 the limit applicable to the claimant's claim must be reduced to $250,000the
25 limit as provided in subsection (1) of this section, after which the court shall make other reductions that are
26 required by law. If a combination of awards for past and future noneconomic loss is reduced in the same action,
27 future noneconomic loss must be reduced first and, if necessary to reach the $250,000applicable limit, past
28 noneconomic loss must then be reduced. If a combination of awards is reduced to $250,000the applicable limit,
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69th Legislature 2025 Drafter: Jameson Walker, **** LC 0417
1 a claimant's share of the $250,000applicable limit must be the same percentage as the claimant's share of the
2 combined awards before reduction.
3 (b) For each claimant, further reductions must be made in the following order:
4 (i) first, reductions under 27-1-702; and
5 (ii) second, setoffs and credits to which a defendant is entitled.
6 (3) An award of future damages for noneconomic loss may not be discounted to present value.
7 (4) The $250,000applicable limit provided for in subsection (1) may not be disclosed to a jury.
8 (5) As used in this section, the following definitions apply:
9 (a) "Claimant" includes but is not limited to:
10 (i) a person suffering bodily injury;
11 (ii) a person making a claim as a result of bodily injury to or the death of another;
12 (iii) a person making a claim on behalf of someone who suffered bodily injury or death;
13 (iv) the representative of the estate of a person who suffered bodily injury or death; or
14 (v) a person bringing a wrongful death action.
15 (b) "Health care provider" means a physician, dentist, podiatrist, optometrist, chiropractor, physical
16 therapist, or nurse licensed under Title 37 or a health care facility licensed under Title 50, chapter 5.
17 (c) "Malpractice claim" means a claim based on a negligent act or omission by a health care
18 provider in the rendering of professional services that is the proximate cause of a personal injury or wrongful
19 death.
20 (d) "Noneconomic loss" means subjective, nonmonetary loss, including but not limited to:
21 (i) physical and mental pain or suffering;
22 (ii) emotional distress;
23 (iii) inconvenience;
24 (iv) subjective, nonmonetary loss arising from physical impairment or disfigurement;
25 (v) loss of society, companionship, and consortium, other than household services;
26 (vi) injury to reputation; and
27 (vii) humiliation.
28 (e) "Patient" means a person who receives services from a health care provider."
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 Unofficial Draft Copy
**** As of: 10/30/2024, 03:44:28
69th Legislature 2025 Drafter: Jameson Walker, ****