This bill amends Section 25-9-411 of the Montana Code Annotated to revise the limitation on noneconomic damages in medical malpractice cases. The current cap of $250,000 for noneconomic damages will be replaced with a new limit of $300,000, effective immediately upon passage. The bill also establishes a schedule for annual increases in the cap, which will rise to $350,000 in 2026, $400,000 in 2027, $450,000 in 2028, and $500,000 in 2029. Starting in 2030, the limit will increase by 2% each year, with the adjusted limit published by the court administrator's office.

Additionally, the bill clarifies that the applicable limit for noneconomic damages is determined by the date the claimant first files a claim, whether with the Montana medical legal panel or in court. It specifies that the burden of proof for separate injuries lies with the claimant and outlines the process for reducing awards that exceed the limit. The bill also states that the limit on noneconomic damages may not be disclosed to a jury. Overall, this legislation aims to provide a more structured and increasing framework for noneconomic damage awards in medical malpractice cases.

Statutes affected:
LC Text: 25-9-411
HB0195_1(1): 25-9-411
HB0195_1(2): 25-9-411
HB0195_1(3): 25-9-411
HB0195_1(4): 25-9-411
HB0195_1(5): 25-9-411
HB0195_1(6): 25-9-411
HB0195_1(7): 25-9-411
HB0195_1: 25-9-411
HB0195_X(1): 25-9-411
HB0195_X(2): 25-9-411
HB0195_X: 25-9-411