Montana Code 50-16-553. Civil remedies
50-16-553. Civil remedies. (1) A person aggrieved by a violation of this part may maintain an action for relief as provided in this section.
Terms Used In Montana Code 50-16-553
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Health care: means any care, service, or procedure provided by a health care provider, including medical or psychological diagnosis, treatment, evaluation, advice, or other services that affect the structure or any function of the human body. See Montana Code 50-16-504
- Health care information: means any information, whether oral or recorded in any form or medium, that identifies or can readily be associated with the identity of a patient and relates to the patient's health care. See Montana Code 50-16-504
- Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to provide health care in the ordinary course of business or practice of a profession. See Montana Code 50-16-504
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Patient: means an individual who receives or has received health care. See Montana Code 50-16-504
- Person: means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision or agency, or other legal or commercial entity. See Montana Code 50-16-504
- Plaintiff: The person who files the complaint in a civil lawsuit.
(2)The court may order the health care provider or other person to comply with this part and may order any other appropriate relief.
(3)A health care provider who relies in good faith upon a certification pursuant to 50-16-536(2) is not liable for disclosures made in reliance on that certification.
(4)A disciplinary or punitive action may not be taken against a health care provider or the provider’s employee or agent who brings evidence of a violation of this part to the attention of the patient or an appropriate authority.
(5)In an action by a patient alleging that health care information was improperly withheld under 50-16-541 and 50-16-542, the burden of proof is on the health care provider to establish that the information was properly withheld.
(6)If the court determines that there is a violation of this part, the aggrieved person is entitled to recover damages for pecuniary losses sustained as a result of the violation and, in addition, if the violation results from willful or grossly negligent conduct, the aggrieved person may recover not in excess of $5,000, exclusive of any pecuniary loss.
(7)If a plaintiff prevails, the court may assess reasonable attorney fees and all other expenses reasonably incurred in the litigation.
(8)An action under this part is barred unless the action is commenced within 3 years after the cause of action accrues.