§ 27-6-702 — Tolling Of Statute Of Limitations

27-6-702 . Tolling of statute of limitations. The running of the applicable limitation period related to a malpractice claim is tolled upon receipt by the director of the application for review as to all health care providers named in the application as parties to the panel proceeding and as to all other persons or entities named in the application as necessary or proper parties for any court action that might subsequently arise out of the same factual circumstances set forth in the application. The running of the applicable limitation period does not begin again until 30 days after either an order of dismissal, with or without prejudice against refiling, is issued from the panel presiding officer, or from the director upon the consent of the parties to the claim, or after the panel's final decision, whichever occurs first, is entered in the permanent files of the panel and a copy is served upon the complainant or the complainant's attorney if represented by counsel, by certified mail.

Legislative History

En. 17-1314 by Sec. 14, Ch. 449, L. 1977; R.C.M. 1947, 17-1314; amd. Sec. 6, Ch. 332, L. 1985; amd. Sec. 2, Ch. 16, L. 1995; amd. Sec. 617, Ch. 56, L. 2009.