27-6-301. How cases submitted. Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any district court or other 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. 17-1304 by Sec. 4, Ch. […]
27-6-302. Contents of application — waiver of confidentiality of medical and dental records. The application must contain the following: (1) a statement in reasonable detail of the elements of the health care provider’s conduct that are believed to constitute a malpractice claim, the dates on which the conduct occurred, and the names and addresses of all physicians, […]
27-6-303. Amendments to application. Amendments to the application may be authorized by rule. History: En. 17-1307 by Sec. 7, Ch. 449, L. 1977; R.C.M. 1947, 17-1307(part); amd. Sec. 4, Ch. 332, L. 1985.
27-6-304. Copies of application to professional societies when vicarious liability claimed. In instances where applications are received employing a theory of respondeat superior or some other derivative theory of recovery, the director shall forward the application to the state professional societies, associations, or licensing boards of both the individual health care provider whose alleged malpractice caused […]
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. (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. 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. 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. […]
