Arbitration of Claims
9-9-62. Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability
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.
HISTORY: Code 1933, § 7-403, enacted by Ga. L. 1978, p. 2270, § 2; Code 1981, § 9-9-112; Code 1981, § 9-9-62, as redesignated by Ga. L. 1988, p. 903, § 3.
DISCLAIMER – Some of these codes have been amended over the years, and they can be amended again by the legislature at any time. For some codes you use the version that existed at the time the malpractice occurred, but for others you use the version of the code that exists at the time you go to trial. We show you these codes for general education purposes, but you should always consult an experienced Georgia medical malpractice attorney before relying on these provisions.
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