What is the effect of the Bolanos arbitration agreement on medical malpractice?

California, United States of America


The following excerpt is from Mormile v. Sinclair, 21 Cal.App.4th 1508, 26 Cal.Rptr.2d 725 (Cal. App. 1994):

The Bolanos arbitration agreement was essentially identical to the one under consideration here: It provided, inter alia: " 'Article 2: All Claims Must be Arbitrated: It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or services provided by the physician including any spouse or heirs of the patient.' " (Bolanos v. Khalatian, supra, 231 Cal.App.3d 1586, 1591, 283 Cal.Rptr. 209.) The Bolanos court aptly stated: "Article 2 makes it clear that the agreement was intended to bind all parties whose claims arise out or relate [ ] to the treatment provided to [the patient]." (Ibid.)

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