Perspective
Mar. 24, 2010
What Rodriguez v. Superior Court Means to Medical Malpractice Arbitration Agreements
Practitioner Damon Rubin calls attention to the uncertainty surrounding enforceability of medical malpractice arbitration agreements.
By Damon Rubin
Is an arbitration agreement between a health care provider and a patient enforceable where the patient passes away within 30 days after signing the agreement and does not exercise her right of rescission within that 30-day period under Code of Civil Procedure Section 1295? Last year, the California Court of Appeal said no, at least in the absence of evidence that the patient would not have reconsidered and rescinded the agreement had she lived. ...For only $95 a month (the price of 2 article purchases)
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