Home -> Law Blog Directory -> Personal Injury Law Blogs -> Sacramento Injury Lawyer Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Sacramento Injury Lawyer BlogSacramento Hospital Tries To Force Arbitration On Woman Subjected To Malpractice, Part 5 of 10
By Moseley Collins, Esq.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice/personal injury case and its proceedings.)
Unconscionability
As noted above, to obtain the benefits of C.C.P. Section 1295 and avoid challenges based on being a contract of adhesion and/or unconscionable, Defendant Black was required to comply with subdivision (e) which provides: Such a contract is not a contract of adhesion, nor unconscionable nor otherwise improper, where it complies with subdivisions (a), (b), and (c) of this section. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Defendant Black's arbitration agreement fails to comply with subdivisions (a) and (c).
The unconscionability analysis begins with determining if the contract is one of adhesion. Armendariz v. Foundation Health Psychare Services, Inc., (2000) 24 Cal.4th 113, citing Graham v. Scissor-Tail, Inc, (1981) 28 Cal. 3d 807. An adhesion contract is one in which the drafting party with superior bargaining power gives the subscribing party only the opportunity to adhere to the contract or reject it. Armendariz, supra, 24 Cal, 4th 113, citing Neal v. State Farm Ins. Cos. (1961) 188 Cal. App. 2d 690, 694. These restrictions apply to healthcare providers.
Once a contract is determined to be adhesive, then two judicial limitations are placed on its enforcement. First, the contract will not be enforced if it does not meet the reasonable expectations of the adhering party. Second, even if the reasonable expectations of the adhering party are met, the contract will not be enforced if it is unconscionable. Armendariz. supra, 24 Cal. 4th 113, citing Scissor-Tail.Inc. supra, 28 Cal 3d 807.
Full post as published by Sacramento Injury Lawyer Blog on June 11, 2010 (boomark / email).
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Self Defense
It's legal to defend yourself and your family
Gallbladder Surgery Errors Damage Bile Duct
X-ray Procedures Can Reduce Gall Bladder Surgery Error Rates
Hospital Malpractice
Corning Hospital agrees to $2.4 million medical negligence settlement after a baby was born with brain damage.
Hospital Infection
allegedly resulting from medical malpractice.
Medical Malpractice
US Government awards family $750,000 settlement after woman dies after undergoing eight surgeries in 35 days.
Complications at Birth
Hospital, Doctor to pay undisclosed settlement in malpractice lawsuit.
Doctor Paralyzes Patient
Hospital agrees to $3.7 million settlement in malpractice lawsuit.
Accounting Malpractice - Accountant Malpractice, Accounting Malpractice Lawsuit
Accounting Malpractice alleging financial malpractice by accountants.

Broken Leg Allegedly Leads to Malpractice Death
Couple files medical malpractice lawsuit against hospital for unnecessary surgery
Hospital Pays Out in Medical Malpractice
Hospital Agrees to Pay Out $2 Million over Medical Malpractice
Columbia: Woman Sues Jesuit Hospital to Force it to Provide Abortion
Chicago County Settles Medical Malpractice Suit







