PRETRIAL ADJUDICATION
...Contract Arbitration
......Opposing Arbitration
.........Party Is Not Signatory
............Malpractice Claims
11 Cards On This Topic:
  • Mere status as P's attorney does not confer ostensible authority to agree to arbitration.
  • Father may bind child to arbitration of medical malpractice claims.
  • Decedent lacked authority to bind his adult children to his medical arbitration agreement.
  • Ds failed to produce any evidence daughters had authority to enter into arbitration contract on behalf of comatose mother who died of allegedly negligent, abusive care received in nursing home.
  • Husband's agreement to submit all malpractice claims to arbitration covers wife's loss of consortium claim.
  • Wife's agreement to arbitrate does not cover husband's claim for loss of consortium.
  • Non-HMO member heirs bound with member heirs to arbitrate wrongful death claim.
  • Child becoming HMO member at birth bound to arbitrate both pre- and post-natal claims.
  • Expectant mother's agreement to arbitrate did not extend to claim for wrongful death of child.
  • Wife obligated to arbitrate claim for wrongful death of husband pursuant to husband's agreement with HMO.
  • Wife/mother's agreement to arbitrate did not extend to claim by husband and son for her wrongful death.