Arbitration Agreement At Center Of Controversy

The following blog entry is written from a defendant’s position as trial approaches. Reviewing this kind of briefing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)

It is worth noting that situations similar to those described in this case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, Regional Medical Center, Good Samaritan Hospital, Santa Clara Valley Medical Center, or O’Connor Hospital.

In addition to the above language, an arbitration agreement must include immediately before the signature line provided for the individual contracting for the medical services the following language in at least 10-point bold red type:

NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE I OF THIS CONTRACT. (Code of Civil Proc. §1295(b).) For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.

Here, the February 27, 2005, Physician-Patient Arbitration Agreement complies with the requirements of Code of Civil Procedure section 1295(a) and (b). The language proscribed by subsection (a), of Code of Civil Procedure section 1295, translated into Spanish, is included in Articulo 1 (Article 1) of the Physician-Patient Arbitration Agreement Mrs. Hernandez signed on February 27, 2005.

The language required by subsection (b), of Code of Civil Procedure section 1295, translated into Spanish, is included in the Physician-Patient Arbitration Agreement, in the proper format. The Physician-Patient Arbitration Agreement Mrs. Hernandez signed on February 27, 2005, is therefore valid and it governs this controversy. Accordingly, Plaintiffs should be compelled to binding arbitration of all of their claims against Dr. Lee. (See Part 4 of 4.)

For more information you are welcome to contact San Jose personal injury lawyer, Moseley Collins.