27-6-702. Tolling of statute of limitations. The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the director of the application for review as to all health care providers named in the application as parties to the panel proceeding and as to all other persons or entities named in the application as necessary or proper parties for any court action that might subsequently arise out of the same factual circumstances set forth in the application. The running of the applicable limitation period does not begin again until 30 days after either an order of dismissal, with or without prejudice against refiling, is issued from the panel presiding officer, or from the director upon the consent of the parties to the claim, or after the panel’s final decision, whichever occurs first, is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant’s attorney if represented by counsel, by certified mail.

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Terms Used In Montana Code 27-6-702

  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Malpractice claim: means a claim or potential claim of a claimant against a health care provider for medical or dental treatment, lack of medical or dental treatment, or other alleged departure from accepted standards of health care that proximately results in damage to the claimant, whether the claimant's claim or potential claim sounds in tort or contract, and includes but is not limited to allegations of battery or wrongful death. See Montana Code 27-6-103
  • Panel: means the Montana medical legal panel provided for in 27-6-104. See Montana Code 27-6-103
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.