Can a medical contract for medical services containing an arbitration provision be used to resolve a wrongful death claim?
California, United States of America
The following excerpt is from Nida v. Chapman Care Ctr., G057211 (Cal. App. 2020):
4. Code of Civil Procedure section 1295 deals with a contract for medical services containing an arbitration provision. It "contemplates that all medical malpractice claims, including wrongful death claims, may be subject to arbitration agreements between a health care provider and the patient." (Ruiz v. Podolsky (2010) 50 Cal.4th 838, 841.)
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