The purpose of the Montana Medical Legal Panel (MMLP) is to prevent where possible the filing in court of actions against health care providers and their employees for professional liability in situations where the facts do not permit at least a reasonable inference of malpractice and to make possible the fair and equitable disposition of such claims against health care providers as are or reasonably may be well founded. The Montana Medical Legal Panel Act can be found at Montana Code Annotated 27-6-101.
The Montana Medical Legal Panel is funded by annual fees assessed to healthcare providers covered under the authority of the MMLP . Limited exemptions are provided under Montana law, including licensed professionals who are retired or employed by Federal governmental agency or entity. Exemptions are declared annually.
The Montana Medical Legal Panel (MMLP) was enacted into law effective April 19, 1977. After enacting the MMLP Rules of Procedure, approved by the Montana Supreme Court, the Panel administrative office began processing claims in 1978. Jurisdiction of the Panel was extended to Long Term Care Facilities in 1980; Dentists were added to the P
The Montana Medical Legal Panel (MMLP) was enacted into law effective April 19, 1977. After enacting the MMLP Rules of Procedure, approved by the Montana Supreme Court, the Panel administrative office began processing claims in 1978. Jurisdiction of the Panel was extended to Long Term Care Facilities in 1980; Dentists were added to the Panel in 1987 and Podiatrists in 1997. The Panel has always been funded solely by annual assessments levied on health care providers and is audited by the State Legislative Audit Committee.
The Montana Medical Legal Panel Rules of Procedure as filed with the Montana Supreme Court governs proceedings before the Montana Medical Legal Panel, pursuant to the Montana Medical Legal Panel Act, MCA 27-6-101. All Parties are expected to comply with these rules, and the Act.
On April 19, 1977 the Governor signed into law the Montana Medical Legal Panel Act that created the Montana Medical Legal Panel, a mandatory screening Panel for all malpractice claims against certain health care providers prior to the filing in court of any such action. Medical malpractice claims are some of the most complex and time-consuming cases that are processed through the court system.
The Annual Report provides details of Panel claims activity for the past decade. Additionally, the final page of this report provides a table of basic claim history for the past 30 years.
It takes approximately five years from the starting point until the rate of malpractice claims “mature” or are fully-reported from an incident year given that Montana has a three year “discovery” statute of limitations. Consequently some actions are still pending final outcome.
The number of claims filed at the Panel has decreased since 2005 while the number of health care providers in Montana has increased – thus reflecting a significant overall reduction in the percentage of health care providers involved in medical malpractice claims in our state.