Alternative dispute resolution agreements may not be binding when it comes to medical malpractice lawsuits.<\/p>\n
The practice of using binding arbitration agreements in advance of medical treatment is being used in Pennsylvania. Many doctors, clinics, hospitals and nursing homes are not only attempting to use binding arbitration agreements, but also enforce them. While alternative dispute resolution agreements need to be looked at on a case-by-case basis, a ruling in Philadelphia provides ammunition to get these agreements set aside. The judge in one case held that an alternative dispute resolution agreement, signed by a plaintiff\u2019s mother, was not enforceable.<\/p>\n
The case is an interesting one, and worth reading:\u00a0Walton v. Kindred Hospital Philadelphia.\u00a0<\/em>The plaintiff, Watson, is suing the hospital for negligent care she received while there. According to the statement of claim, she developed bedsores while hospitalized at one hospital, and in a coma, which grew worse on her transfer to the Kindred Hospital.<\/p>\n