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.