Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 6. MONTANA MEDICAL LEGAL PANEL ACT · Part 3. Preliminary Procedure
Montana Code Annotated

Mont. Code Ann. § 27-6-301 (2026)

How Cases Submitted

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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 6
  4. Part 3
  5. 27-6-301 How cases submitted

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 6. MONTANA MEDICAL LEGAL PANEL ACT

Part 3. Preliminary Procedure

How Cases Submitted

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. 449, L. 1977; R.C.M. 1947, 17-1304(3); amd. Sec. 3, Ch. 332, L. 1985; amd. Sec. 610, Ch. 56, L. 2009.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1981–2022 · leading case: Linder v. Smith, 629 P.2d 1187 (Mont. 1981).
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Linder v. Smith, 629 P.2d 1187 (Mont. 1981). · cites it 3× “A claimant must submit his claim to the panel prior to filing in court, section 27-6-301, MCA, but the claimant is not bound by the decision of the panel, section 27-6-606, MCA, nor is the decision admissible in a subsequent judicial action, section 27-6-704, MCA.”
Clark v. Norris, 734 P.2d 182 (Mont. 1987). · cites it 3× “Section 27-6-301, MCA, of the Montana Medical Legal Panel Act provides: “Claimants shall submit a case for the consideration of the panel prior to filing a complaint in any district court .”
Pickett v. Cortese, 2014 MT 166, 328 P.3d 660. · cites it 18× “Section 27-6-301, MCA. With few exceptions, none applicable here, the panel is required to review all malpractice claims against health care providers.”
Labair ex rel. Labair v. Carey, 2012 MT 312, 291 P.3d 1160. · cites it 2× “¶8 Carey failed to file an application with the Montana Medical Legal Panel (MMLP) before filing a complaint with the District Court, as required under §§ 27-6-301 and -701, MCA. Further, he failed to file an MMLP application within the three-year statute of limitations…”
Eisenmenger v. Ethicon, Inc., 871 P.2d 1313 (Mont. 1994). · cites it 2× “Sections 27-6-301, 27-6-302 and 27-6-701, MCA.”
Labair v. Carey, 2016 MT 272, 383 P.3d 226. · cites it 2× “Carey did not file an application with the Montana Medical Legal Panel (MMLP) before filing the complaint, as required by §§ 27-6-301 and -701, MCA (2005). Carey also failed to file an application with the MMLP before the expiration of the three-year statute of 2 limitations for…”
Selensky-Foust v. Mercer, 2022 MT 97, 408 Mont. 488. “” Sections 27-6-301, -502, -602, MCA. MMLP’s decision is confidential and non-binding, but the claimant must complete the administrative process before pursuing a medical malpractice claim in district court.”
Chapman v. Credit Assoc. Inc., 2006 MT 97N. · cites it 2× “, reasoning that Chapman’s breach of contract claim was, in essence, a claim of medical malpractice as defined by § 27-6-103(5), MCA, and, as such, it had to be submitted for review under the Montana Medical Legal Panel Act prior to her filing a complaint in a district court,…”
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