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Medical groups, hospitals push to modernize Montana cap on non‑economic malpractice damages
Summary
House Bill 195 would raise Montana’s current $250,000 cap on non‑economic malpractice damages, phase the increase to $500,000 and index it thereafter; physicians, hospital executives and insurers supported the change citing recruitment, retention and insurer stability, while plaintiffs’ lawyers opposed it as cutting victim compensation.
HELENA — Montana physicians, hospitals and trade groups urged the House Business and Labor Committee on Jan. 31 to modernize the state’s cap on non‑economic damages in medical malpractice suits, proposing a phased increase from the present $250,000 to $500,000 and an annual inflation adjustment.
Rep. Laurie Mercer (sponsor) framed HB 195 as an update to 1995 legislation that set a $250,000 limit on non‑economic damages. Mercer and medical‑industry witnesses said the nominal cap has not kept pace with inflation and that the lack of indexing has prompted frequent legal challenges and a chilling effect on provider recruitment and insurance affordability.
Justin Cole of the Montana Medical Association, hospital executives and rural‑hospital…
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