When your child is harmed by medical negligence, filing deadlines are probably the last thing on your mind.
You are focused on their recovery. On getting the right answers from the right doctors. On understanding what happened and what it means for your family going forward. The question of how long you have to file a claim, if you decide to pursue one at all, often doesn’t come up until much later.
By then, many parents worry they have already run out of time. In many cases, they have not. But the rules that apply to children in Montana are different from the standard adult timeline, and they depend significantly on how old your child was when the injury occurred.
If your child was harmed during medical care, understanding how Montana’s statute of limitations applies to their specific situation is one of the most important steps you can take.
The Rules Are Different for Children
Most adults in Montana have two years from the date they discovered, or reasonably should have discovered, a medical injury to commence a claim. For children, Montana law recognizes that a different approach is needed. A minor cannot file a lawsuit on their own behalf, and a parent or guardian dealing with a child’s medical crisis is often in no position to be thinking about litigation timelines.
Because of this, Montana law provides specific protections for minors that extend the window available to bring a medical malpractice claim. But those protections are not unlimited, and they work differently depending on how old your child was when the injury occurred.
Many families assume that because their child is still a minor, the deadline has not yet started running. That is not always the case.
Montana’s statute-of-limitations rules for minors are complicated and, in some ways, are inconsistent. The points below describe general rules only. They are not legal advice about your situation, and you should not rely on them without first consulting an attorney experienced in Montana medical-malpractice law.
Children Under the Age of 4: A Special Protection
Montana law provides a specific and significant protection for very young children. If your child was under the age of 4 at the time of the injury, the two-year statute of limitations begins to run the earlier of the child’s death or when the child reaches their eighth birthday.
For a child under age four when injured by medical malpractice, the two-year statute of limitations begins to run on the earlier of the child’s eighth birthday or the child’s death. If the child survives to age eight, the family generally has until the child’s tenth birthday to commence a claim. This extended period gives families meaningful time to understand what happened, obtain expert opinions, and make an informed decision about whether to pursue a claim.
There is an additional provision worth knowing. If your child does not reside with a parent or guardian during any period before the clock begins running, that period is also tolled. In other words, the clock does not run against a child who is not in the care of someone who could reasonably be expected to act on their behalf.
An Example of How This Works in Practice
A child undergoes surgery at the age of two and experiences complications that, at the time, are attributed to the procedure itself. Over the following years, it becomes clear that the complications were the result of a surgical error that should have been identified and corrected. Because the child was under the age of 4 at the time of the injury, the two-year statute of limitations does not begin to run until their eighth birthday. The family has until the child’s tenth birthday to commence a claim. Every situation is different, and whether this protection applies depends on the specific facts of the case. A legal review can help clarify exactly where your family stands.
Children Aged 4 and Older: What Montana Law Provides
For children who were age four or older when injured, Montana law provides additional protection. The statute of limitations is tolled during the child’s minority, meaning the limitations period does not begin to run until the child turns 18. At that point, the two-year statute of limitations begins, generally giving the child until age 20 to bring a medical malpractice claim.
Pro Tip: Do not assume that because your child is still a minor, the filing deadline has not yet started running. The rules for medical malpractice claims involving children depend on the child’s age at the time of the injury, and they are different from the rules that apply to other types of personal injury cases. A confidential consultation with our team can help you understand exactly where your family stands.
