The validity of this law was recently challenged in court, and the court ruled the cap was unconstitutional and removed it in wrongful death cases. Once party asks for arbitration, the court has 10 days to provide list of authorized arbitrators. Each party can select one arbitrator from the list given to them the court, but if any party fails to make selection within 20 days, that party loses the right to pick an arbitrator, and the judge is authorized to make the selection. The role of arbitrator is to act as disinterested third party, evaluate the evidence presented by each party and issue decision, which the parties are free to accept or reject.
Arbitration in Medical Malpractice Cases in Miami
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