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GA SB505

Bill

Status

Introduced

2/28/2012

Primary Sponsor

Bill Hamrick

Click for details

Origin

Senate

2011-2012 Regular Session

AI Summary

  • Substantially revises Georgia's medical malpractice arbitration law by establishing detailed requirements for enforceable arbitration agreements between health care providers and patients, including that agreements must be titled "Voluntary Arbitration Agreement" in 14-point boldface type and include a prominent notice above the signature line that parties are waiving the right to trial by jury or judge.

  • Requires arbitration agreements to grant patients a 10-day rescission period after signing, the right to consult legal counsel at their own expense, and access to information about the designated arbitration administering institution, its rules, and fees.

  • Expands the definition of "health care provider" to include hospitals, nursing homes, clinics, pharmacies, physician practices, dialysis clinics, home health agencies, hospice providers, and their affiliates, employees, and agents, and broadens "medical malpractice claim" to explicitly cover wrongful death, loss of consortium, negligent credentialing, and failure to diagnose or treat.

  • Authorizes guardians, power-of-attorney holders, spouses, adult children, parents, and other specified family members to execute binding arbitration agreements on behalf of a patient, with a prioritized hierarchy when the patient is unable to consent.

  • Repeals existing procedural Code Sections 9-9-63 through 9-9-83 governing arbitration mechanics (referee appointments, discovery, subpoena powers, arbitrator compensation, appeals), adds direct appealability for orders refusing to enforce medical malpractice arbitration agreements, and mandates that all provisions be interpreted to favor enforcement of arbitration agreements consistent with the Federal Arbitration Act.

Legislative Description

Civil Practice; medical malpractice arbitration; substantially revise the law

Last Action

Senate Read and Referred

2/28/2012

Committee Referrals

Judiciary2/28/2012

Full Bill Text

No bill text available