32-42-01. Definitions.
329 words·~1 min read·
/nd/title-32/chapter-32-42-alternative-dispute-resolution/32-42-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this chapter:
1. "Alternative dispute resolution" means the resolution of a health care malpractice claim
in a manner other than through a health care malpractice action.
2. "Claimant" means any person who alleges a health care malpractice claim, and any
person on whose behalf the claim is alleged, including the decedent in the case of an
action brought through or on behalf of an estate.
3. "Health care malpractice action" means a claim for relief brought against a health care
provider, or other defendant joined in the action, regardless of the theory of liability on
which the claim is based, in which the claimant alleges a health care malpractice
claim.
4. "Health care malpractice claim" means a claim brought against a health care provider
or other defendant joined in a claim alleging that an injury was suffered by the claimant
as a result of health care negligence or gross negligence, breach of express or implied
warranty or contract, failure to discharge a duty to warn, or failure to obtain consent
arising from the provision of or failure to provide health care services.
5. "Health care negligence" means an act or omission by a health care provider which
deviates from the applicable standard of care and causes an injury.
6. "Health care provider" means a person who is licensed, certified, or otherwise
authorized by the law of this state to administer health care in the ordinary course of
business or practice of a profession.
7. "Injury" means an injury, illness, disease, or other harm suffered by an individual as a
result of the provision of health care services by a health care provider.
8. "Noneconomic damage" means damage arising from pain; suffering; inconvenience;
physical impairment; disfigurement; mental anguish; emotional distress; fear of injury,
loss, or illness; loss of society and companionship; loss of consortium; injury to
reputation; humiliation; and other nonpecuniary damage incurred by an individual with
respect to which a health care malpractice action or claim is pursued.