§ 9:4231 — Voluntary arbitration; medical or dental practitioner and patient

Louisiana § 9:4231

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§4231. Voluntary arbitration; medical or dental practitioner and patient
The decisions to enter into a medical or dental contract shall be
voluntary on the part of the patient, and on the part of the medical or dental
practitioner. If both parties voluntarily agree to enter such a contract, the
following but not necessary or exclusive provisions of such contract shall be
valid, irrevocable, and enforceable, save upon such grounds as exist at law or
in equity for the revocation of any contract. The following contract is merely
a sample and the provisions therein are not required as a matter of law to be
included in arbitration agreements under this Chapter.
______________, hereinafter called "Patient", engages ______________,
hereinafter called "Medical or Dental Practitioner", to render medical care and
service. For and in partial consideration of the rendition of any and all present
and future medical care and service, the patient agrees that in the event of any
controversy arising out of claims based on negligence or medical malpractice,
between patient, whether a minor or an adult, or the heirs at law or personal
representatives of a patient, as the case may be, and medical or dental
practitioner, including his agents or employees, the same shall be submitted to
arbitration. Within fifteen days after any of the above named parties shall give
notice to the other of demand for arbitration of said controversy, the parties to
the controversy shall each appoint an arbitrator and give notice of such
appointment to the other. Within fifteen days after such notices have been
given, the two arbitrators so selected shall select a neutral arbitrator who is an
attorney, licensed to practice in the state of Louisiana, and give notice of the
selection thereof to the parties. The arbitrators shall hold a hearing within
ninety days of the date of notice of selection of the neutral arbitrator. All
notices or other papers required to be served shall be served by certified United
States mail. Except as herein provided, the arbitration shall be conducted and
governed by the provisions of the Louisiana Arbitration Law, R.S. 9:4201 et
seq. The taking of testimony and presentation of evidence at the arbitration
hearing shall be governed by the general rules of evidence applied in the courts
of Louisiana.
This agreement shall become effective on the ______ day of ________
20___, and expire five years thereafter. Nevertheless, any dispute arising from
an act or omission occurring during the term of this contract shall be resolved
in accordance with this contract regardless of when the dispute arises. This
agreement applies to the rendition of all present and future medical or dental
care and service by medical or dental practitioner within the term of this
contract.
______________, 20___ By ___________________________________
Medical or Dental Practitioner
______________, 20___ By ___________________________________
Patient
By ___________________________________
Parent or Guardian
if patient is a Minor

Legislative History

Added by Acts 1975, No. 371, §1.