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Terms Used In North Carolina General Statutes 90-21.60

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(a) Application of Article. – This Article applies to all claims for damages for personal injury or wrongful death based on alleged negligence in the provision of health care by a health care provider as defined in N.C. Gen. Stat. § 90-21.11 where all parties have agreed to submit the dispute to arbitration under this Article in accordance with the requirements of N.C. Gen. Stat. § 90-21.61

(b) When Agreement Is Void. – Except as provided in N.C. Gen. Stat. § 90-21.61(a), any contract provision or other agreement entered into prior to the commencement of an action that purports to require a party to elect arbitration under this Article is void and unenforceable. This Article does not impair the enforceability of any arbitration provision that does not specifically require arbitration under this Article. (2007-541, s. 1.)