Montana Code Annotated 2023

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 12. MONTANA CHIROPRACTIC LEGAL PANEL ACT

Part 7. Effect of Proceedings in Court Action -- Confidentiality

Tolling Of Statute Of Limitations

27-12-701. Tolling of statute of limitations. (1) Upon receipt of an application by the director, the running of an applicable limitation period in a malpractice claim is tolled as to each chiropractic physician named as a party and as to each other person or entity named as a necessary or proper party for a court action that might subsequently arise out of the factual circumstances set forth in the application.

(2) The running of the applicable limitation period in a malpractice claim does not begin again until:

(a) 30 days after an order of dismissal, with or without prejudice against refiling, is issued; or

(b) after the panel's final decision is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney.

History: En. Sec. 35, Ch. 262, L. 1989; amd. Sec. 629, Ch. 56, L. 2009.