Montana Code 27-6-502. Conduct of hearing
27-6-502. Conduct of hearing. (1) At the time set for hearing, the claimant submitting the case for review must be present and shall make a brief introduction of the case, including a resume of the facts constituting the alleged professional malpractice that the claimant is prepared to prove. The health care provider against whom the claim is brought and the health care provider’s attorney may be present and may make an introductory statement of the health care provider’s case.
Terms Used In Montana Code 27-6-502
- 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.
- Health care provider: means a physician, a dentist, a podiatrist, or a health care facility. See Montana Code 27-6-103
- Panel: means the Montana medical legal panel provided for in 27-6-104. See Montana Code 27-6-103
- 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)Both parties may call witnesses to testify before the panel, and the witnesses must be sworn. Medical texts, journals, studies, and other documentary evidence relied upon by either party may be offered and admitted if relevant. Written statements of facts by treating health care providers may be reviewed.
(3)The hearing must be informal, and an official transcript may not be made.