Montana Statutes

§ 27-1-747 — Claims And Damages Based On Birth Of Child Prohibited

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 1 AVAILABILITY OF REMEDIES -- LIABILITY·Part 7 Liability

27-1-747 . Claims and damages based on birth of child prohibited.

(1)A cause of action or award of damages is prohibited if the cause of action or award of damages is based on the claim that, but for the conduct of a health care provider, a parent would not have permitted the parent's child to have been born.
(2)For the purposes of this section, the term "health care provider" means a health care facility as defined in 50-5-101 or a physician, physician assistant, registered nurse, advanced practice registered nurse, or direct-entry midwife licensed under Title 37.
(3)This section does not apply to instances of gross negligence or willful or wanton acts or omissions.

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Legislative History

En. Sec. 1, Ch. 311, L. 2013.

Nearby Sections

15
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