27-6-703. Records of proceedings — confidentiality
27-6-703. Records of proceedings — confidentiality. The director shall maintain records of all proceedings before the panel, which must include the nature of the act or omissions complained of, a brief summary of the evidence expressed, the decision of the panel, and any majority or dissenting opinions filed. Any records which may identify any party to […]
27-6-403. Panel in cases involving multiple defendants
27-6-403. Panel in cases involving multiple defendants. Whenever there are multiple defendants, the case against each health care provider may be reviewed by a separate panel or, at the discretion of the panel initially appointed or by stipulation of the parties, a single combined panel may review all the claims against all parties defendant. History: En. 17-1309 […]
27-6-404. Disqualification of panel member
27-6-404. Disqualification of panel member. (1) A member must be disqualified from consideration of a case in which, by virtue of the member’s circumstances, the member believes that serving on the panel would be inappropriate, considering the purpose of the panel. The director may excuse a proposed panelist from serving. (2) Whenever a party makes and files […]
27-6-501. Time and place of hearing
27-6-501. Time and place of hearing. (1) A date, time, and place for hearing shall be fixed by the director subject to subsection (2), and prompt notice thereof shall be given to the parties involved, the attorneys, and the members of the panel. In no instance may the date set be more than 120 days after […]
27-6-502. Conduct of hearing
27-6-502. Conduct of hearing. (1) At the time set for hearing, the claimant submitting the case for review must be present and shall make a brief introduction of the case, including a resume of the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The health care provider against whom the claim […]
27-6-305. Service on health care provider
27-6-305. Service on health care provider. Upon receipt of an application for review, the director or the director’s delegate shall cause to be served a true copy of the application on the health care providers involved. Service must be effected by mailing a certified copy of the application to the health care provider at the provider’s last-known […]
27-6-306. Health care provider’s appearance and answer — waiver of confidentiality of records
27-6-306. Health care provider’s appearance and answer — waiver of confidentiality of records. (1) If a health care provider involved chooses to retain legal counsel, the health care provider’s attorney shall informally enter the health care provider’s appearance with the director. (2) The health care provider shall answer the application for review and shall submit a statement […]
27-6-307. Assistance to claimant in obtaining expert consultation
27-6-307. Assistance to claimant in obtaining expert consultation. The panel director shall cooperate fully with the claimant in retaining, to consult with the claimant, upon payment of a reasonable fee by the claimant, in claims involving: (1) a physician, a physician qualified in the field of medicine involved; or (2) a dentist, a dentist qualified in the field […]
27-6-308. Director to furnish panel members with documents
27-6-308. Director to furnish panel members with documents. At least 10 days prior to the hearing, the director shall furnish to each panel member copies of all claims, briefs, medical, podiatric, or dental records, and other documents that the director considers necessary. History: En. 17-1311 by Sec. 11, Ch. 449, L. 1977; R.C.M. 1947, 17-1311(8); amd. Sec. […]
27-6-401. Composition of panel
27-6-401. Composition of panel. (1) Those eligible to sit on the panel are health care providers licensed pursuant to Montana law and residing in Montana and the members of the state bar of Montana. Six panel members shall sit in review of each case. Three panel members who are physicians and three panel members who are […]