Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 7552
Health care arbitration proceedings
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75-A
§ 7552. Health care arbitration proceedings. (a) Proceedings pursuant
to this article shall be commenced and conducted in accordance with
article seventy-five of this chapter, except as otherwise provided by
this article, and in accordance with rules promulgated by the
arbitration administrator and approved by the superintendent of
financial services.

(b) The standards of duty, practice, or care to be applied to a
physician, dentist, hospital, health maintenance organization or other
health care provider in the arbitration shall be the same standards as
would be applied in a comparable medical or dental malpractice action.

(c) Damages shall be determined in accordance with provisions of law
applicable to medical and dental malpractice actions. Attorney
contingency fee agreements shall be valid and subject to provisions of
law applicable to medical and dental malpractice actions.