Montana Code 27-12-701. Tolling of statute of limitations
27-12-701. Tolling of statute of limitations. (1) Upon receipt of an application by the director, the running of an applicable limitation period in a malpractice claim is tolled as to each chiropractic physician named as a party and as to each other person or entity named as a necessary or proper party for a court action that might subsequently arise out of the factual circumstances set forth in the application.
Terms Used In Montana Code 27-12-701
- Chiropractic physician: means :
(a)for purposes of the annual assessment under 27-12-206, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the assessment:
(i)has the individual's principal residence or place of chiropractic practice in the state of Montana;
(ii)is not employed full time by any federal agency or entity; and
(iii)is not fully retired from the practice of chiropractic; or
(b)for all other purposes, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the occurrence of the incident giving rise to a malpractice claim:
(i)had the individual's principal residence or place of chiropractic practice in the state of Montana and was not employed full time by any federal agency or entity; or
(ii)was a professional service corporation, partnership, or other business entity organized under the laws of a state to render chiropractic services and each of whose shareholders, partners, or owners were chiropractic physicians licensed to practice chiropractic under Title 37, chapter 12. See Montana Code 27-12-103
- Director: means the director of the Montana chiropractic legal panel. See Montana Code 27-12-103
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Malpractice claim: means any claim or potential claim against a chiropractic physician for chiropractic treatment, lack of chiropractic treatment, or alleged departure from accepted standards of chiropractic health care that proximately results in damage to the claimant and includes but is not limited to a tort or contract claim or potential claim. See Montana Code 27-12-103
- Panel: means the Montana chiropractic legal panel created in 27-12-104. See Montana Code 27-12-103
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2)The running of the applicable limitation period in a malpractice claim does not begin again until:
(a)30 days after an order of dismissal, with or without prejudice against refiling, is issued; or
(b)after the panel‘s final decision is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant’s attorney.