New Jersey Medical Malpractice Lawyer: Court Refuses to Enforce Agreement to Arbitrate Medical Malpractice Claim

By Eichen Crutchlow Zaslow, LLP | September 12, 2013

Among the many papers that new patients are often asked to sign at a healthcare provider’s office is an arbitration agreement.  By signing this agreement, the patient typically agrees to resolve any medical malpractice claims against the medical provider through the arbitration process.  Arbitration is an alternative dispute procedure that eliminates a patient’s right to have their medical malpractice lawsuit heard in a court of law.  In agreeing to arbitration, a patient gives up his or her right to a jury trial.

Arbitration Agreement Struck Down in NJ Medical Malpractice Lawsuit

In a recent New Jersey case, Moore v. Woman To Woman Obstetrics & Gynecology, LLC.,  the Court refused to enforce such an arbitration agreement signed on behalf of a patient’s spouse.  In that case, a pregnant woman signed an arbitration agreement on her initial visit to a doctor.  She signed the arbitration agreement on behalf of herself, her husband and her unborn child.  The woman’s husband had no knowledge of this arbitration agreement, and did not read or sign the agreement.   After the woman gave birth to a daughter with Downs Syndrome, the couple proceeded to file a medical malpractice lawsuit against the medical providers on behalf of themselves as well as their daughter.  The defendant medical provider attempted to enforce the arbitration agreement signed by the woman.  Although the Court upheld the arbitration agreement with respect to the woman and her daughter, the Court found that the husband could not be forced to arbitrate his individual claims as there was no proof that the husband appointed his wife to act on his behalf or to waive his right to a jury trial.

By recognizing the spouse’s right to bring his own medical malpractice lawsuit in this matter, regardless of the signed arbitration agreement, the New Jersey Court acknowledged the injustice caused by attempting to legally bind individuals who have not signed such agreements.  We believe it is now only a matter of time before New Jersey courts recognize the great injustice that still exists in permitting a mother to similarly bind her unborn child to such an agreement.  We anticipate that the New Jersey courts will reverse this ruling in the near future.

Signing an Arbitration Agreement is the Patient’s Choice

Although it is common practice for healthcare providers to request their patients sign arbitration agreements, it is important to remember that all patients have a choice as to whether they sign the agreement to arbitrate or not.  By signing the arbitration agreement, you may be waiving your right to have your medical malpractice lawsuit heard in a court of law.  Contrary to popular opinion, most medical providers will not deny service if you refuse to sign the arbitration agreement.

New Jersey Medical Malpractice Lawyers Handle All Types of Medical Malpractice Lawsuits

If you, your spouse or your child has been injured by the medical malpractice of a healthcare provider, whether you have signed an agreement to arbitrate such claims or not, contact the NJ medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP to discuss a potential medical malpractice lawsuit.  Our attorneys have experience in all areas of medical malpractice including wrongful birth and labor & delivery complications and we will protect your legal rights at all times.  Our success with medical malpractice settlements and verdicts is well-documented.  We have offices located in Edison, Red Bank & Toms River, New Jersey. Call us at 732-777-0100 or contact us online.

Source:  Moore v. Woman To Woman Obstetrics & Gynecology, LLC., N.J. Superior Court, Appellate Division, Case No. 36-2-1008.

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