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69th Legislature 2025 HB 342
- 1 - Authorized Print Version – HB 342
ENROLLED BILL
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. In medical malpractice
actions, the foreseeability of risks or of a specific risk does not change or heighten the duty owed beyond the
reasonable standard of care applicable to the medical provider.
Section 2. [Section 1] is intended to be codified as an integral part of Title
27, chapter 1, part 7, and the provisions of Title 27, chapter 1, part 7, apply to [section 1].
Section 3. [This act] is effective on passage and approval.
Section 4. [This act] applies to medical malpractice actions filed on or after [the
effective date of this act] and is intended to clarify any court ruling to the contrary.
- END - I hereby certify that the within bill,
HB 342, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025. HOUSE BILL NO. 342
INTRODUCED BY B. MERCER, E. BUTTREY, S. FITZPATRICK
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.