No Forced Arbitration for a Baby’s Med-Mal Case

Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death. He explained why and spelled out how the hospital could have succeeded…law.com, Judges Rule Emory Healthcare Cannot Compel Arbitration for a Baby’s Med-Mal Case, Katheryn Hayes Tucker, Feb, 2022

 

Hospital defense attorneys may want to take another look at their arbitration clauses following an unusual opinion from the Georgia Court of Appeals.

 

Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death because the arbitration agreement he mother signed upon admission applied only to her, not to her then-unborn child.

 

The judges affirmed Gwinnett County State Court Judge in denying Emory’s motion to dismiss and to compel arbitration.

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