TOLLING OF STATUTE OF LIMITATIONS - SEPARATELY-

Rules of Procedure for the Montana Medical Legal Panel

Rule: 20

Jurisdiction: MT

Bluebook Citation: Mont. PFTMMLP R. 20

DESIGNATED NECESSARY OR PROPER PARTIES (a) The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the Director of the Application for review, as to all health care providers named in the Application as parties to the Panel proceeding and as to all other persons or entities named in the Application as necessary or proper parties, for any court action that might subsequently arise out of the same factual circumstances set forth in the Application. (b) The running of the applicable limitation period in a malpractice claim does not begin again until thirty (30) days after either an order of dismissal, with or without prejudice against re-filing, is issued from the Chairperson or from the Director upon the consent of the parties to the claim, or after the Panel’s final decision, whichever occurs first, is entered in the permanent files of the Panel and a copy is served upon the Claimant or Claimant’s attorney, if he or she is represented by counsel, by certified mail. 19

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