Unofficial Draft Copy
**** As of: 10/30/2024, 03:43:51
69th Legislature 2025 Drafter: Jameson Walker, **** LC 0210
1 **** BILL NO. ****
2 INTRODUCED BY ****
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4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING LAWS RELATING TO MEDICAL MALPRACTICE AND
5 HEALTH CARE PROVIDERS; PROVIDING A STATUTORY DUTY OF CARE.”
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7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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9 NEW SECTION. Section 1. Medical malpractice -- duty of care -- Health care providers. In
10 medical malpractice actions, all licensed health care providers have a duty to provide care and treatment
11 consistent with the skill and learning reasonably used in like cases by health care providers practicing in the
12 same specialty and sharing the same certification. The appropriate standard of care includes both the duty and
13 degree of care owed, and the person and the person claiming its violation must establish it by competent
14 evidence, including qualified expert testimony that is based on education, training, knowledge, and experience
15 in the evaluation, diagnosis, or treatment of the disease or injury at issue. The existence of risks or of a specific
16 risk does not heighten or vary the duty owed beyond the standard of care established by the evidence.
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19 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
20 integral part of Title 27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].
21 - END -
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