§ 27-6-101 Short title
§ 27-6-102 Purpose
§ 27-6-103 Definitions
§ 27-6-104 Creation of panel
§ 27-6-105 What claims panel to review — exceptions
§ 27-6-106 Immunity of panel members and witnesses from civil liability

Terms Used In Montana Code > Title 27 > Chapter 6 > Part 1 - General Provisions

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dentist: means :

    (a)for purposes of the assessment of the annual surcharge, an individual licensed to practice dentistry under the provisions of Title 37, chapter 4, who at the time of the assessment:

    (i)has as the individual's principal residence or place of dental practice the state of Montana;

    (ii)is not employed full-time by any federal governmental agency or entity; and

    (iii)is not fully retired from the practice of dentistry; or

    (b)for all other purposes, a person licensed to practice dentistry under the provisions of Title 37, chapter 4, who at the time of the occurrence of the incident giving rise to the claim:

    (i)was an individual who had as the principal residence or place of dental practice the state of Montana and was not employed full-time by any federal governmental agency or entity; or

    (ii)was a professional service corporation, partnership, or other business entity organized under the laws of any state to render dental services and whose shareholders, partners, or owners were individual dentists licensed to practice dentistry under the provisions of Title 37, chapter 4. See Montana Code 27-6-103

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Health care facility: means a facility licensed as a health care facility under Title 50, chapter 5. See Montana Code 27-6-103
  • Health care provider: means a physician, a dentist, a podiatrist, or a health care facility. See Montana Code 27-6-103
  • Hospital: means a hospital as defined in 50-5-101. 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
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Physician: means :

    (a)for purposes of the assessment of the annual surcharge, an individual licensed to practice medicine under the provisions of Title 37, chapter 3, who at the time of the assessment:

    (i)has as the individual's principal residence or place of medical practice the state of Montana or practices telemedicine as defined in 37-3-102;

    (ii)is not employed full-time by any federal governmental agency or entity; and

    (iii)is not fully retired from the practice of medicine; or

    (b)for all other purposes, a person licensed to practice medicine under the provisions of Title 37, chapter 3, who at the time of the occurrence of the incident giving rise to the claim:

    (i)was an individual who had as the principal residence or place of medical practice the state of Montana or practiced telemedicine as defined in 37-3-102 and was not employed full-time by any federal governmental agency or entity; or

    (ii)was a professional service corporation, partnership, or other business entity organized under the laws of any state to render medical services and whose shareholders, partners, or owners were individual physicians licensed to practice medicine under the provisions of Title 37, chapter 3. See Montana Code 27-6-103

  • Podiatrist: means :

    (a)for purposes of the assessment of the annual surcharge, an individual licensed to practice podiatry under the provisions of Title 37, chapter 6, who at the time of the assessment:

    (i)has as the individual's principal residence or place of podiatric practice the state of Montana;

    (ii)is not employed full-time by any federal governmental agency or entity; and

    (iii)is not fully retired from the practice of podiatry; or

    (b)for all other purposes, a person licensed to practice podiatry under the provisions of Title 37, chapter 6, who at the time of the occurrence of the incident giving rise to the claim:

    (i)was an individual who had as the principal residence or place of podiatric practice the state of Montana and was not employed full-time by any federal governmental agency or entity; or

    (ii)was a professional service corporation, partnership, or other business entity organized under the laws of any state to render podiatric services and whose shareholders, partners, or owners were individual podiatrists licensed to practice podiatry under the provisions of Title 37, chapter 6. See Montana Code 27-6-103

  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.