Can a medical services arbitration agreement bind the signatory's heir in seeking wrongful death or other cause of action arising from the medical treatment?
California, United States of America
The following excerpt is from Baker v. Italian Maple Holdings, LLC, 13 Cal.App.5th 1152, 220 Cal.Rptr.3d 887 (Cal. App. 2017):
5 A medical services arbitration agreement entered into in compliance with section 1295 may bind a signatory's heir in seeking a claim based on wrongful death or other cause of action arising from the signatory's medical treatment. (Ruiz v. Podolsky (2010) 50 Cal.4th 838, 854, 114 Cal.Rptr.3d 263, 237 P.3d 584.) Plaintiffs do not challenge that the subject arbitration agreements, if valid, apply to them.
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