Table of Contents TITLE 46. CRIMINAL PROCEDURE CHAPTER 4. INVESTIGATIVE PROCEDURES Part 1. Investigation of Death -- Autopsy
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46-4-101 46-4-103 1 46-4-104 46-4-110 46-4-111 46-4-112 46-4-113 46-4-114 46-4-120 46-4-121 46-4-122 46-4-123

Mont. Code Ann. § 46-4-104

(2005)

Liability of mortuary or physician

A mortuary owner or person employed in a mortuary is not liable for the acts of the coroner performed in the removal of a body to a mortuary or during the course of an autopsy on that body. No criminal or civil action may arise against a licensed physician for performing an autopsy authorized by this chapter or for performing an autopsy on request of a federal officer investigating a death within a federal jurisdiction.

Opinions construing this section

1 opinion
2012 MT 68 Mar 22, 2012 Affirmed
Kichnet v. Butte-Silver Bow County et al
Majority by Patricia Cotter · 5 to 0
the alternative, the public duty doctrine protected it from liability arising from Kichnet’s negligence claim. ¶14 Kichnet countered that §§ 44-3-401 and 46-4-104, MCA (2009), relied upon by the State, did not immunize the State from liability because the statutes were applicable to negligently performed autopsies, and not c
Official Annotations archive.org, 2005 edition
History:
En. 95-813 by Sec. 1, Ch. 196, L. 1967
R.C.M. 1947, 95-813
Amd. Sec. 2, Ch. 492, L. 1985
Amd. Sec. 12, Ch. 800, L. 1991
Source text on leg.mt.gov