State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_60

Article 1H.

Voluntary Arbitration ofNegligent Health Care Claims.

§ 90‑21.60.  Voluntaryarbitration; prior agreements to arbitration void.

(a)        Application ofArticle. – This Article applies to all claims for damages for personal injuryor wrongful death based on alleged negligence in the provision of health careby a health care provider as defined in G.S. 90‑21.11 where all partieshave agreed to submit the dispute to arbitration under this Article inaccordance with the requirements of G.S. 90‑21.61.

(b)        When Agreement IsVoid. – Except as provided in G.S. 90‑21.61(a), any contract provision orother agreement entered into prior to the commencement of an action thatpurports to require a party to elect arbitration under this Article is void andunenforceable. This Article does not impair the enforceability of anyarbitration provision that does not specifically require arbitration under thisArticle. (2007‑541,s. 1.)