3045 - Arbitration of damages in medical, dental or podiatric malpractice actions.

§  3045.  Arbitration  of  damages  in  medical,  dental  or podiatric  malpractice actions. (a)  At  any  time  after  service  of  a  bill  of  particulars  but  no later than sixty days after filing of the notice of  dental,  medical  or  podiatric  malpractice  action  pursuant  to  rule  thirty-four hundred six of this chapter, any defendant in such an action  may   demand  that  the  plaintiff  elect  whether  to  consent  to  the  arbitration of damages upon a concession of liability in accordance with  the provisions of this section.    (b) Within twenty days after receipt of such a demand,  the  plaintiff  shall  elect  whether to arbitrate damages in such an action pursuant to  such a concession of liability by the defendant  or  defendants  in  the  action.  If  the defendant or defendants serve a concession of liability  upon the plaintiff within twenty days after receipt of such an election,  the issue of damages, including the proximate cause  thereof,  shall  be  subject  to  arbitration  in  accordance  with the provisions of article  seventy-five-A of this chapter. A concession of liability, made pursuant  to this section, shall not be binding on the  defendant  for  any  other  purpose.