Mont. Med. Legal Panel R. 7

(a) Time for Filing Answer. Within twenty (20) days after receipt of the claim, the health

care provider shall file an Answer signed by the health care provider or the health care

provider’s counsel with the office of the Director. The filing with the Director shall be made

by sending the Answer to the office of the Director by mail or electronically. If the Answer is

sent electronically, the sender is responsible for verifying and establishing that the office of

the Director received and was able to view and download the Answer sent electronically. For

good cause shown, the Director may extend the time for a party to submit an Answer. The

Answer shall be deemed the Answer to any amended Application, unless within twenty (20)

days after the receipt of the amended Application, the health care provider delivers in the

same manner as required above, an amended Answer.

(b) Form of Answer. The Answer shall be made on the Answer Form provided by the office

of the Director, or by a separate legal pleading as permitted in the Answer Form and must be

signed by the Defendant or his or her counsel. Any Answer made, whether or not a separate

legal pleading is used as permitted on the Answer Form, must be made by using the

following general format:

(1) General Format. In responding to an Application, the health care provider shall:

(i) admit or deny the allegations asserted by Claimant;

(ii) include a statement authorizing the Panel to inspect all medical records and

information pertaining to the Application and, for the purposes of Panel inspection only,

waiving any privilege as to the contents of those records; and

(iii) state whether or not the Defendant would be willing to stipulate to permitting

health care provider panelists to attend the Panel Hearing from a distant location within the

state of Montana by way of web based communications arranged by the office of the

Director.

(2) Denials -- Responding to the Substance. A denial shall respond to the substance of

the allegation by setting forth why the provider denies the allegation.

(3) General and Specific Denials. If the health care provider intends to deny all the

allegations contained in an Application, the health care provider may do so by a general

denial that substantively responds to the Claimant’s allegations. A health care provider that

does not intend to deny all the allegations shall either specifically deny designated

allegations or generally deny all except those specifically admitted.

(4) Denying Part of an Allegation. A health care provider that intends in good faith to

deny only part of an allegation shall admit the part that is true and deny the rest.

(5) Lacking Knowledge or Information. A health care provider that lacks knowledge or

information sufficient to form a belief about the truth of an allegation shall so state, and the

statement has the effect of a denial. To the extent that a health care provider relies upon this

subsection to answer an Application, the provider shall submit an Amended Answer, which

meets the requirements of subsections (b)(1) through (b)(4) of this Rule 7, above, no later

than seven (7) days prior to the date of the prehearing conference required by Rule 14.

(c) Answer Served on Parties by Director. Upon the receipt of an Answer or an amended

Answer to an Application, the office of the Director shall serve a true copy of the same upon

the Claimant, and all other health care providers by mail or electronically.