Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"?

California, United States of America

The following excerpt is from Victoria v. Superior Court, 222 Cal.Rptr. 1, 40 Cal.3d 734, 710 P.2d 833 (Cal. 1985):

The court concluded that "[t]he arbitration provision's own definition of malpractice obviously includes more than negligence. Moreover, it is settled law that a malpractice action can include theories other than negligence...." (Herrera v. Superior Court, supra, 158 Cal.App.3d at p. 261, 204 Cal.Rptr. 553.) The Herrera court's expansive reading of the term "medical malpractice" as used in the arbitration clause has little bearing on the issue presented here. Again, this case does not involve an action for medical malpractice. ⁸

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