§4235. Notification to patient
Prior to obtaining a patient's signature on an arbitration agreement, the medical or dental practitioner or medical institution shall inform the patient in writing that:
(1) the patient has the right to void the agreement within thirty days of execution thereof, and that
(2) if an act or acts of negligence and/or medical malpractice is committed prior to the revocation date the arbitration agreement shall be binding with respect to said act or acts, and that
(3) notification of revocation of the said arbitration agreement must be in writing and mailed by certified mail, return receipt requested.
Added by Acts 1975, No. 371, §1.
Notes of Decisions
Landers v. IHS of Shreveport, 903 So. 2d 609 (La. Ct. App. 2005).
· cites it 3× “R.S. 9:4235, which requires that before obtaining a patient's signature on an arbitration agreement, a medical institution must inform him in writing that he has the right to void the agreement within thirty days of executing the contract.”
Ciaccio v. Cazayoux, 519 So. 2d 799 (La. Ct. App. 1987).
· cites it 2× “Further, LSA-R.S. 9:4235 sets forth the notice requirement of the right to revoke an arbitration agreement and the procedure whereby a patient may revoke such arbitration agreement as follows: Prior to obtaining a patient's signature on an arbitration agreement, the medical or…”
Webb v. Massiha, 841 So. 2d 848 (La. Ct. App. 2003).
· cites it 3× “R.S. 9:4235, (that an arbitration agreement “shall inform the patient in writing” of her right to void the agreement within thirty days of its execution) made the entire arbitration agreement null and void.”
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