Bill > HB195

This bill revises the noneconomic damages limitation in medical malpractice lawsuits by incrementally increasing the cap on non-monetary damages that can be awarded in such cases. Currently set at $250,000, the bill establishes a new starting point of $300,000 and schedules increases to $350,000 in 2026, $400,000 in 2027, $450,000 in 2028, and $500,000 in 2029. After 2029, the limit will automatically increase by 2% annually on January 1st, with the court administrator's office required to publish the adjusted limit within 14 days of each year. The bill defines "noneconomic loss" as subjective, non-monetary damages including pain and suffering, emotional distress, loss of companionship, and humiliation. The limit applies to each patient in a single malpractice incident and is determined by the limit in effect on the date the claim is first filed with the Montana medical legal panel or in court. The bill applies to both future and existing malpractice claims, provides a severability clause to ensure partially invalid provisions do not invalidate the entire act, and becomes effective immediately upon passage and approval.