Arbitration

Wrongful death claimants are bound by arbitration agreements entered into by decedent and health care provider.  Alejandra Ruiz et al., v. Anatol Podolsky, (No. S175204 California Supreme Court, August 23, 2010).

In this case, the court grappled with the issue of when a person seeking medical care contracts with a healthcare provider to resolve all medical malpractice claims through arbitration, does that agreement apply to the resolution of wrongful death claims, when the claimants are not themselves signatory to the arbitration agreement?  In this case, the appeals court held that all wrongful death claimants are bound by arbitration agreements entered into pursuant to California Code of Civil Procedure Section 1295, at least when, as in this matter, the language of the agreement manifests an intent to bind these claimants.

  1. Leave a comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

<span>%d</span> bloggers like this: