Georgia Code, Title 9, Chapter 9, Article 2 - Medical Malpractice
- § 9-9-60 - "Medical Malpractice Claim" Defined
For the purposes of this article, the term "medical malpractice claim" means any claim for damages resulting from the death of or injury to...
- § 9-9-61 - Medical Malpractice Arbitration Authorized
In addition to any other legal procedure for the resolution of medical malpractice claims, the parties to a medical malpractice claim may submit the...
- § 9-9-62 - Petition for Arbitration; Arbitration Order and Appointment of Referee; Conditions Precedent to Enforceability
If the parties to a medical malpractice claim agree in writing to arbitrate the claim pursuant to this article, they shall file a petition...
- § 9-9-63 - Tolling of Statute of Limitations; When Action Permitted After Filing of Petition for Arbitration
(a) The filing of the petition for an order authorizing arbitration as provided in Code Section 9-9-62 shall toll any applicable statute of limitations,...
- § 9-9-64 - Appointment of Reporter; Duties; Compensation
The judge of the superior court of the county in which was issued the order authorizing arbitration shall appoint a reporter to attend the...
- § 9-9-65 - Arbitration Submission; Irrevocability Absent Consent
(a) The referee shall meet with the parties or their representatives, or both, prior to the arbitration. The referee shall assist the parties in...
- § 9-9-66 - Qualifications and Status of Referee
The referee shall be an attorney who is an active member of the State Bar of Georgia. The referee shall be a nonvoting member...
- § 9-9-67 - Arbitrators -- How Chosen
(a) Every arbitration pursuant to this article shall be conducted by three arbitrators, one of whom shall be chosen by each of the parties...
- § 9-9-68 - Arbitrators -- How Vacancy Filled
If an arbitrator selected by one of the parties should cease to serve for any reason, the party who chose the arbitrator shall then...
- § 9-9-69 - Arbitrators -- Oath and Affidavit
(a) Before the arbitrators begin the arbitration, they shall be sworn by the referee to determine impartially the matters submitted to them according to...
- § 9-9-70 - Postponement of Arbitration
When, upon the meeting of the arbitrators, either party is not ready for trial, the referee may postpone the hearing of the case to...
- § 9-9-71 - Adjournments by Arbitrators; No Meeting Outside Group
After the arbitrators have commenced their investigations, they may adjourn from day to day or for a longer time, if the ends of justice...
- § 9-9-72 - Discovery
The parties to the arbitration may obtain discovery in the same manner as provided by law for discovery in civil cases in the superior
- § 9-9-73 - Subpoena Power of Referee; Compensation of Witnesses
The referee shall have all the powers of the superior courts to compel the attendance of witnesses before the arbitrators, to compel witnesses to...
- § 9-9-74 - Powers of Referee to Compel Production of Documentary Evidence
The referee shall have all the powers of the superior courts to compel parties to produce books and all other papers which may be...
- § 9-9-75 - Competency of Witnesses
All persons who are competent as witnesses in the superior courts shall be competent in all cases before the arbitrators.
- § 9-9-76 - Rules Governing Examination of Witnesses and Admission of Evidence
The examination of witnesses and the admission of evidence shall be governed by the rules applicable to the superior courts.
- § 9-9-77 - Administration of Oaths by Referee
The referee shall have power to administer oaths to witnesses and to administer all other oaths that may be necessary for carrying this article...
- § 9-9-78 - Findings by Arbitrators; Concurrence of Two Sufficient
The arbitrators shall make a written finding on each of the matters in controversy contained in the submission. If the arbitrators shall fail to...
- § 9-9-79 - Copy of Findings Furnished Parties; Entry of Original on Court's Minutes; Effect and Enforcement; Clerk's Fees
After the arbitrators have made their findings, the referee shall furnish each of the parties with a copy thereof. The original shall be entered...
- § 9-9-80 - Finality of Findings Absent Appeal; Appeals to Superior Courts; Transmittal of Record; When Findings Set Aside; Disposition of Case; Supersedeas
(a) All findings of the arbitrators with respect to which no application for a review thereof is filed in due time shall be final...
- § 9-9-81 - Costs; How Taxed
The arbitrators shall return in their award the costs of the case, which they shall tax against the parties in accordance with the submission.
- § 9-9-82 - Compensation of Arbitrators and Referee
The arbitrators and referee shall have such compensation for their services as may be agreed upon by the parties in the submission.
- § 9-9-83 - Civil and Criminal Immunity of Arbitrators
An arbitrator shall not be civilly or criminally liable for libel, slander, or defamation of any of the parties to the arbitration for any...
- § 9-9-84 - Governor's Commission on Obstetrics
Repealed by Ga. L. 1990, p. 573, ยง 1, effective December 1, 1990.
Last modified: October 14, 2016