(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendant Ken Black, M.D.’s Petition to Compel Binding Arbitration and to Dismiss Defendant Ken Black, M.D., Without Prejudice
Defendant Ken Black, M.D. seeks to compel binding arbitration against plaintiffs based on a Physician-Patient Arbitration Agreement signed by plaintiff Heidi Hall. Because Defendant Black’s arbitration agreement fails to comply with the requirements of Code of Civil Procedure Section 1295, Defendant Black’s Petition to Compel Arbitration should be denied. Further, because the agreement fails to comply with the requirements of Code of Civil Procedure Section 1295, the agreement is also subject to challenge on the grounds of being a contract of adhesion and unconscionable. For the reasons set forth below, Plaintiffs respectfully request that the Court deny Defendant Black’s petition to compel arbitration. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
This medical negligence action brought by the Plaintiffs arises from negligence which occurred during Ms. Hall’s labor and obstetrical delivery at Defendant National Hospital in June of 2008. The delivering doctor was Defendant Ken Black, M.D. Plaintiff Heidi Hall’s baby died during delivery and Ms. Hall suffered serious, life threatening injuries from delay of diagnosis of a ruptured uterus.
Plaintiff Heidi Hall filed a professional negligence complaint alleging a single cause of action against Defendants National Hospital and Ken Black, M.D. Plaintiff Robert Hall has filed a claim for loss of consortium. Defendant National Hospital has no arbitration agreement with Plaintiffs and the claims set forth against Defendant National Hospital will proceed in the present Sacramento County Superior Court action. (See Part 2 of 10.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.