27-12-701. Tolling of statute of limitations, MCA

Montana Code Annotated 2017

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.