Effective: April 11, 2003
Latest Legislation: Senate Bill 281 - 124th General Assembly
(A) Upon the filing of any medical, dental, optometric, or chiropractic claim as defined in section 2305.113 of the Revised Code, if all of the parties to the medical, dental, optometric, or chiropractic claim agree to submit it to nonbinding arbitration, the controversy shall be submitted to an arbitration board consisting of three arbitrators to be named by the court. The arbitration board shall consist of one person designated by the plaintiff or plaintiffs, one person designated by the defendant or defendants, and a person designated by the court. The person designated by the court shall serve as the chairperson of the board. Each member of the board shall receive a reasonable compensation based on the extent and duration of actual service rendered, and shall be paid in equal proportions by the parties in interest. In a claim accompanied by a poverty affidavit, the cost of the arbitration shall be borne by the court.
(B) The arbitration proceedings shall be conducted in accordance with sections 2711.06 to 2711.16 of the Revised Code insofar as they are applicable. Such proceedings shall be conducted in the county in which the trial is to be held.
(C) If the decision of the arbitration board is not accepted by all parties to the medical, dental, optometric, or chiropractic claim, the claim shall proceed as if it had not been submitted to nonbinding arbitration pursuant to this section. The decision of the arbitration board and any dissenting opinion written by any board member are not admissible into evidence at the trial.
(D) Nothing in this section shall be construed to limit the right of any person to enter into an agreement to submit a controversy underlying a medical, dental, optometric, or chiropractic claim to binding arbitration.
Structure Ohio Revised Code
Title 27 | Courts-General Provisions-Special Remedies
Section 2711.01 | Provision in Contract for Arbitration of Controversies Valid - Exceptions.
Section 2711.02 | Court May Stay Trial.
Section 2711.03 | Enforcing Arbitration Agreement.
Section 2711.04 | Appointment of Arbitrator.
Section 2711.05 | Hearing of Application.
Section 2711.06 | Powers and Duties of Arbitrators - Subpoena of Witnesses, Failure to Obey.
Section 2711.07 | Depositions.
Section 2711.08 | Award Must Be in Writing.
Section 2711.09 | Application for Order Confirming Award.
Section 2711.10 | Court May Vacate Award.
Section 2711.11 | Court May Modify Award.
Section 2711.12 | Judgment to Be Entered.
Section 2711.13 | Motion to Vacate, Modify, or Correct an Award - Notice, Service.
Section 2711.14 | Papers to Be Filed With Application.
Section 2711.16 | Jurisdiction of Courts of Common Pleas.
Section 2711.21 | Arbitration of Medical Claims.
Section 2711.22 | Contract for Arbitration of Malpractice Claim That May Arise.