Bill

Bill > HB342


MT HB342

Revise civil liability laws to provide a statutory duty of care for certain actions


summary

Introduced
01/29/2025
In Committee
02/14/2025
Crossed Over
02/14/2025
Passed
05/01/2025
Dead
Signed/Enacted/Adopted
05/05/2025

Introduced Session

2025 Regular Session

Bill Summary

AN ACT REVISING LAWS RELATING TO MEDICAL MALPRACTICE AND HEALTH CARE PROVIDERS RELATING TO THE DUTY OF CARE; PROVIDING THAT A SPECIFIC RISK DOES NOT CHANGE OR HEIGHTEN THE DUTY BEYOND THE REASONABLE STANDARD OF CARE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE.

AI Summary

This bill addresses medical malpractice liability by clarifying the standard of care for healthcare providers. Specifically, the legislation states that the foreseeability of a specific risk does not automatically increase or change the duty of care beyond the existing reasonable standard that medical providers are expected to meet. The bill will be codified as part of Title 27, Chapter 1, Part 7 of Montana law and applies to all medical malpractice actions filed on or after its effective date. By explicitly stating that identifying a particular risk does not raise the legal standard of care, the bill aims to provide more clarity and predictability for healthcare providers in potential malpractice litigation. The act becomes effective immediately upon passage and approval, and it is intended to clarify and potentially override any previous court rulings that might have interpreted the standard of care differently.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Chapter Number Assigned (on 05/05/2025)

bill text


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