§ 27-6-301 How cases submitted
§ 27-6-302 Contents of application — waiver of confidentiality of medical and dental records
§ 27-6-303 Amendments to application
§ 27-6-304 Copies of application to professional societies when vicarious liability claimed
§ 27-6-305 Service on health care provider
§ 27-6-306 Health care provider’s appearance and answer — waiver of confidentiality of records
§ 27-6-307 Assistance to claimant in obtaining expert consultation
§ 27-6-308 Director to furnish panel members with documents

Terms Used In Montana Code > Title 27 > Chapter 6 > Part 3 - Preliminary Procedure

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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

  • 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
  • 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
  • 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

  • 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
  • Writing: includes printing. See Montana Code 1-1-203