ARBITRATION OF CLAIMS



(THE INFORMATION IN THIS SITE APPLIES TO GEORGIA ONLY)

Disclaimer: This is only one of the important Georgia Code sections that might apply to  your medical malpractice claim.   It is supplied here only for general background information and should not be relied upon without reviewing your legal situation with a lawyer and also making sure you are using the annual version of the code that applies to your situation.  That may or may not be the version of the code that was in existence on the date of the incident.  Other codes and case law may also apply.  

9-9-62.
If the parties to a medical malpractice claim agree in writing to arbitrate the claim pursuant to this article, they shall file a petition in the superior court of the county where any party resides for an order authorizing the arbitration of the claim in accordance with this article and for the appointment of a referee for the arbitration. If the judge determines that the claim is a medical malpractice claim subject to this article, within 30 days of the filing of the petition for such order he shall issue an order authorizing the arbitration and appointing a referee. However, no agreement to arbitrate shall be enforceable unless the agreement was made subsequent to the alleged malpractice and after a dispute or controversy has occurred and unless the claimant is represented by an attorney at law at the time the agreement is entered into.

 


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 This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Malpractice laws vary from state to state and are constantly changing.   If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases.

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