Several bills aiming to strengthen legal protections for medical providers, health care systems, and insurance companies facing malpractice claims are making their way through the legislative process in Montana. Backed by powerful players in the health care industry, these measures include stopping automatic reporting of malpractice cases and limiting jury assessments of damages. One bill also seeks to prevent the state’s $250,000 cap on non-economic damages from being found unconstitutional.
While these proposals could have significant implications for health care oversight and patient recourse, they have received minimal public testimony outside of the health care and legal sectors. The bills have largely flown under the radar in a legislative session dominated by other contentious issues.
One bill, House Bill 442, would eliminate the mandatory referral of malpractice cases to state licensing boards, a change supported by industry advocates who argue it will streamline oversight processes. Another bill, House Bill 563, aims to allow former patients to file licensure complaints even after settling malpractice claims.
Additionally, a bill sponsored by Rep. Bill Mercer would gradually increase the state’s cap on non-economic damages in malpractice cases, addressing long-standing concerns about constitutionality and fairness in damage awards. These proposals have received bipartisan support in committee hearings, despite some concerns about limiting juries’ considerations in malpractice cases.
Overall, these bills represent a significant shift in Montana’s malpractice legal landscape and could have far-reaching consequences for both providers and patients seeking redress for medical damages. As they continue to progress through the legislative process, stakeholders on all sides will be closely watching the outcome of these proposed changes.
Note: The image is for illustrative purposes only and is not the original image associated with the presented article. Due to copyright reasons, we are unable to use the original images. However, you can still enjoy the accurate and up-to-date content and information provided.
