Can a patient sign an arbitration agreement that binds his or her heirs in a wrongful death action?

California, United States of America


The following excerpt is from Mabee v. Honeyflower Holdings, LLC, E069868 (Cal. App. 2018):

Patients who sign arbitration agreements can bind their heirs in wrongful death actions. (Ruiz v. Podolsky (2010) 50 Cal.4th 838, 849.) For example, an arbitration agreement that reads, " '[T]his agreement binds all parties whose claims may arise out of or relate to treatment or service provided by the physician including any spouse or heirs of the patient and any children, whether born or unborn, at the time of the occurrence giving rise to the claim,' " is effective in binding the patient's heirs. (Id. at pp. 841-842, 849, 854.)

Other Questions


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)
If a wrongful death action is brought by the heirs of a deceased plaintiff, what is the appropriate remedy for the omitted heirs? (California, United States of America)
What are some examples of wrongful death actions brought by the heirs of a patient who committed suicide in a psychiatric hospital? (California, United States of America)
What are some counts for wrongful death in a wrongful death action brought by a plaintiff against her deceased mother? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Can a third party beneficiary of an arbitration agreement enforce the arbitration agreement against a plaintiff? (California, United States of America)
In a wrongful attachment action for damages for economic loss sustained as a result of wrongful attachment, what are the costs incurred in defending the underlying action? (California, United States of America)
When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
Does a plaintiff have to forfeit her appeal of her claim for funeral expenses in a wrongful death action? (California, United States of America)
What is the state's interest in a wrongful death action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.