Montana’s Malpractice Damages Cap Dispute Unripe, Court Says

A Montana man who alleges his doctor’s negligence caused a stroke lost an early bid to have the state’s medical malpractice noneconomic damages cap declared invalid, because the claim isn’t ripe, a federal court in Montana said.

Thomas Hodges’ request for a declaration that the $250,000 statutory limit runs afoul of the Montana Constitution isn’t ready to be decided because the “cascade of events” required to trigger the cap in Hodges’ case hasn’t yet occurred, the U.S. District Court for the District of Montana said.

Hodges had a severe stroke following surgery to remove kidney stones. He is wheel-chair bound, ...