Montana Excludes Charity Write-Offs From Medical Care Liability

Montana’s high court has cleared up a contested question of state law, holding that medical costs written off by a provider as part of its charitable care program aren’t recoverable damages in a medical malpractice suit.

The U.S. Court of Appeals for the Ninth Circuit certified the question to the Montana Supreme Court, and the answer applies only to claims that accrued before state lawmakers amended the state’s medical malpractice law in 2021.

Barbara Gibson’s husband, Johnny, went to Central Montana Community Health Center, a federally funded health-care center, in 2015. He complained about chest pain, but the center didn’t ...