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House backs bill to restore prior standard for medical-malpractice duty of care
Summary
House members approved House Bill 342, which the sponsor said restores the pre-2023 standard for medical-malpractice cases by clarifying that foreseeability of a specific risk does not heighten a provider's duty beyond the reasonable standard of care.
Representative Mercer sponsored House Bill 342, which he said "is designed to reverse the decision of the Montana Supreme Court in 2023" and to restore the earlier pattern jury instruction used in medical-malpractice cases. Mercer argued the measure removes confusion and reestablishes a single professional standard of care applicable to board-certified providers.
Opponents, including Representative Revas and…
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