27-1-746. Duty of health care provider performing third-party medical examination. - Montana Statutes

     27-1-746. Duty of health care provider performing third-party medical examination. A health care provider who is retained by a third party to perform a medical examination and advises the examinee about a medical condition during or after the examination has an obligation to exercise ordinary care to ensure that the advice complies with the standard of care for the health care provider's profession, but has no duty to discover the presence of an unrelated medical condition. The health care provider has an obligation to inform the examinee of likely diagnoses that the health care provider reasonably considers. A health care provider who provides actual medical care or treatment incident to a third-party medical examination shall exercise the standard of care that the health care provider would have exercised if the examinee had retained the health care provider. For purposes of this section, "health care provider" has the meaning provided in 27-6-103.

     History: En. Sec. 1, Ch. 246, L. 2005.