Sunday, August 30, 2009

MICRA and Mortality

The malpractice reform statute, MICRA, generally provides for the enforceability of agreements to arbitrate medical malpractice claims, provided that the patient has a thirty-day period to rescind. But what happens if the patient dies allegedly due to the physician's malpractice before the 30-day period expires? In Rodriguez v. Superior Court (here), the court held that the constitutional policy that jury trial waivers be strictly construed, enunciated in Grafton Partners v. Superior Court, trumped the statutory policy in favor of arbitrating medical malpractice claims.

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