Louisiana Revised Statutes 9:4233 – Selection of arbitrators; qualifications; restrictions
Terms Used In Louisiana Revised Statutes 9:4233
- Contract: A legal written agreement that becomes binding when signed.
- Dental practitioner: means anyone issued a permit or licensed to practice under the provisions of Chapter 9 of Title 37, when engaged in such practice, and shall include professional dental corporations and partnerships. See Louisiana Revised Statutes 9:4230
- Medical institution: means any hospital as defined in Louisiana Revised Statutes 9:4230
If an arbitration contract contains a provision which permits a physician, dentist, or medical institution to appoint one or more arbitrators, then the contract shall also provide that the patient shall have the right to appoint an equal number of arbitrators. There shall be no restriction in the arbitration agreement as to whom the patient can appoint as an arbitrator and specifically the arbitration agreement shall not require the patient to appoint a physician or dentist as members of the arbitration panel. If the agreement provided for the appointment of one or more neutral arbitrators by arbitrators chosen by the parties and said arbitrators cannot agree on the neutral arbitrators, then the neutral arbitrators shall be appointed by the court in accordance with the provisions of La. Rev. Stat. 9:4204.
Any agreement under this Chapter is voidable by either party or parties within thirty days from the date of execution of said contract, provided, however, that if an act or acts of negligence and/or medical malpractice is committed by the medical or dental practitioner or medical institution prior to the revocation date, the contract shall be binding as to that act.
Added by Acts 1975, No. 371, §1.