(1) Action in tort or contract for injury or death against a physician or surgeon * * * based upon alleged professional negligence or for rendering professional services without consent or for an act, error or omission, must, except as provided in subsection (2), be commenced within three (3) years after the date of injury or within three (3) years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after five (5) years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant, or through the use of reasonable diligence subsequent to the act, error or omission would have been known to the defendant.
Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1, 7-8 (Mont. 1997). (The three-year malpractice statute of limitations applied to allegations that the defendant physician negligently performed abortion, that clinic was vicariously liable, that county nurses inaccurately advised plaintiff that she could give birth to HIV-positive baby even though plaintiff was HIV-negative, and that county health department was vicariously liable for nurses' negligence. The action accrued and the statute began to run when the abortion was performed.)