50-5-707. Immunity. (1) Nothing in this part may be construed to create a new private right of action not otherwise existing in law against a hospital or any of its directors, trustees, officers, employees, or agents or any contractors with whom the hospital has a contractual relationship.

Terms Used In Montana Code 50-5-707

  • Hospital: means a hospital, critical access hospital, or rural emergency hospital as those terms are defined in 50-5-101. See Montana Code 50-5-701
  • Lay caregiver: means an individual designated as a lay caregiver by a patient or the patient's legal representative to provide aftercare to a patient in the patient's residence. See Montana Code 50-5-701
  • Residence: means a dwelling that the patient considers to be the patient's home, including the home of a lay caregiver, relative, or friend. See Montana Code 50-5-701

(2)A hospital, its directors, trustees, officers, employees, and agents and any contractors with whom the hospital has a contractual relationship may not be held liable for the services rendered or not rendered by the lay caregiver to the patient at the patient’s residence if the hospital has complied with this part and acted reasonably and in good faith.