27-12-301. How cases submitted — no court action before application. A claimant shall submit a case for the consideration of the panel before filing a complaint in a court sitting in Montana by addressing an application in writing, signed by the claimant or the claimant’s attorney, to the director of the panel. History: En. Sec. 14, Ch. […]
27-12-302. Content of application — waiver of confidentiality of medical records. The application must contain a statement: (1) in reasonable detail of the elements of the chiropractic physician’s conduct that are believed to constitute a malpractice claim, the dates the conduct occurred, and the names and addresses of all witnesses, chiropractic and other physicians, and hospitals having […]
27-12-303. Amendments to application. Amendments to an application may be made in the manner authorized by rule. History: En. Sec. 16, Ch. 262, L. 1989.
27-12-304. Copies of application to professional societies when vicarious liability claimed. If an application employs a theory of respondeat superior or any other derivative theory of recovery, the director shall give a copy of the application to the state professional society, association, or licensing board of both the individual chiropractic physician whose alleged malpractice caused the […]
27-12-305. Service on chiropractic physician. Upon receipt of an application, the director or the director’s delegate shall serve a copy of the application on the chiropractic physician whose alleged malpractice caused the application to be filed. Service must be by mailing a certified copy of the application to the chiropractic physician at the chiropractic physician’s last-known […]
27-12-306. Chiropractic physician’s appearance and answer — waiver of confidentiality of records. (1) If a chiropractic physician whose alleged malpractice caused the application to be filed chooses to retain legal counsel, the chiropractic physician’s attorney shall informally enter an appearance with the director. (2) The chiropractic physician shall answer the application and submit a statement authorizing the […]
27-12-307. Assistance to claimant in obtaining expert consultation. The director shall cooperate fully with the claimant in retaining as an expert consultant a chiropractic physician qualified in the field of chiropractic. History: En. Sec. 20, Ch. 262, L. 1989.
27-12-308. Director to furnish panel members with documents. At least 10 days prior to the hearing, the director shall give each panel member copies of all claims, all briefs, all chiropractic, medical, or hospital records, and all other documents that the director considers necessary. History: En. Sec. 21, Ch. 262, L. 1989; amd. Sec. 3, Ch. 5, […]
