South Dakota Codified Laws
Chapter 25B - Arbitration Agreements Relating To Medical Services
Section 21-25B-9 - Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.

21-25B-9. Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.
Any person who files a claim pursuant to the provisions of §21-25B-6 cannot thereafter petition the court to set aside the arbitration agreement. The defendant in any claim may file an application under §21-25A-8 anytime within twenty days after being served with the claim and if he fails to do so he cannot thereafter petition the court to set aside the arbitration agreement.

Source: SDCL, §21-25A-8 as added by SL 1976, ch 155, §3.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 25B - Arbitration Agreements Relating To Medical Services

Section 21-25B-1 - Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect.

Section 21-25B-2 - Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.

Section 21-25B-3 - Warning clause required in arbitration agreement.

Section 21-25B-4 - Health care services arbitration panel created--Composition--Terms--Selection--Replacements.

Section 21-25B-5 - Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account.

Section 21-25B-6 - Institution of claim--Written statement and receipt--Contents of statement.

Section 21-25B-7 - Joinder of subrogee--Segregation of damages or costs.

Section 21-25B-8 - Time for commencement of claims--Time for commencement of action in circuit court.

Section 21-25B-9 - Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days.

Section 21-25B-10 - Appointment of arbitration officer--Qualifications--Filing of papers with officer.

Section 21-25B-11 - Duties of arbitration officer.

Section 21-25B-12 - Service of claim on defendant--Defendant's statement submitted to arbitration officer--Copy to claimant.

Section 21-25B-13 - Three-member panel selected for small claims--Selection process.

Section 21-25B-14 - Five-member panel for large claims--Selection process.

Section 21-25B-15 - Five-member panel for multiple parties--Selection process.

Section 21-25B-16 - Striking selections for five-member panel.

Section 21-25B-17 - Refusal to serve as panel member or arbitration officer--Withdrawal after agreement to serve.

Section 21-25B-18 - Continuation of panel member's service until determination of existing controversy.

Section 21-25B-19 - Disability or disqualification of panel member--Petition for court-appointed replacement--Prior exhibits and testimony available--Recommendation by originally appointing party.

Section 21-25B-20 - Panel members to receive copies of statements.

Section 21-25B-21 - Two-stage hearings--Waiting period between stages.

Section 21-25B-22 - Transcription of hearing--Expert witnesses--Expenses of panel members.

Section 21-25B-23 - Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed to public.

Section 21-25B-24 - Records and files of panel closed to public until judgment--Court order for disclosure--Record filed with clerk of courts.

Section 21-25B-25 - Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account.

Section 21-25B-26 - Immunity of panel members and arbitration officers for official actions or recommendations.