MEDICAL AND DENTAL EXPERT CONSULTATION

(a) Assistance to Claimant in Obtaining Expert Consultation. The Panel Director shall cooperate fully with the Claimant in retaining an expert, to consult with the Claimant, upon payment of a reasonable fee by the Claimant to the expert, 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 of dentistry involved. (b) Requesting Expert Consultation. A claimant must request the Panel’s assistance in obtaining an expert consultant pursuant to subsection (a) of this Rule 12 no later than four (4) weeks after the Application is submitted. (c) Fee Paid to Consultant. The consultant’s fee shall be calculated on an hourly basis and, upon Claimant’s request, reviewed by the Director or the Chairperson, if one has been selected. If the Director or Chairperson determines the fee charged is unreasonably high, the Panel or Chairperson shall reduce the same to a reasonable fee, and that fee shall be accepted by the consultant. (d) Communications with Expert Consultant Privileged. Communications between the consultant and the Claimant or the Claimant’s counsel are privileged, unless that privilege is waived by the Claimant or is otherwise required to be disclosed by Rule 26(b) of the Montana Rules of Civil Procedure.