Montana Code 27-12-502. Conduct of hearing
27-12-502. Conduct of hearing. (1) At the time set for hearing, the claimant must be present and give a brief statement of the claimant’s case, including the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The chiropractic physician against whom the claim is brought and the chiropractic physician’s attorney may be present and may make an introductory statement of the chiropractic physician’s case.
Terms Used In Montana Code 27-12-502
- Chiropractic physician: means :
(a)for purposes of the annual assessment under 27-12-206, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the assessment:
(i)has the individual's principal residence or place of chiropractic practice in the state of Montana;
(ii)is not employed full time by any federal agency or entity; and
(iii)is not fully retired from the practice of chiropractic; or
(b)for all other purposes, a person licensed to practice chiropractic under Title 37, chapter 12, who at the time of the occurrence of the incident giving rise to a malpractice claim:
(i)had the individual's principal residence or place of chiropractic practice in the state of Montana and was not employed full time by any federal agency or entity; or
(ii)was a professional service corporation, partnership, or other business entity organized under the laws of a state to render chiropractic services and each of whose shareholders, partners, or owners were chiropractic physicians licensed to practice chiropractic under Title 37, chapter 12. See Montana Code 27-12-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Panel: means the Montana chiropractic legal panel created in 27-12-104. See Montana Code 27-12-103
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2)A party may call witnesses to testify before the panel. Witnesses must be sworn. Medical and chiropractic texts, journals, studies, and other documentary evidence relied upon by a party may be offered and admitted if relevant. Written statements of facts by treating chiropractic physicians may be reviewed.
(3)The hearing is informal, and an official transcript may not be made.