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 BlogWrongful Death Of Sacramento Newborn Due To Hospital's Malpractice, Part 6 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.)
Procedural Unconscionability
Ms. Hall was pregnant and in need of an obstetrician to deliver her baby. At her first visit to Dr. Black, Ms. Hall was presented with the arbitration agreement. She was told to sign it prior to being seen.
In Armendariz, the arbitration agreement was imposed on the employees as a condition of their employment. Here, Ms. Hall was essentially in the same position as the employees in Armendariz. She was required to sign the arbitration agreement or forego receiving prenatal care and delivery from Dr. Black. She was in an oppressive take it or leave it situation. Just as the employees in Armendariz were put in the position of signing an arbitration agreement or risk being unemployed, Ms. Hall was put in the weaker position of signing the arbitration agreement or risk not finding a doctor to deliver her baby. This is classic disparity of bargaining power. The arbitration agreement is therefore a contract of adhesion and is procedurally unconscionable.
Substantive Unconscionability
Defendant Black's arbitration agreement is substantively unconscionable in two respects, lack of mutuality and the allocation of fees for arbitration. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
(1) Mutuality
An arbitration agreement is substantively unconscionable if it is unfairly one-sided, requiring one party to the agreement to arbitrate their claims while the other party is not.
Full post as published by Sacramento Injury Lawyer Blog on June 14, 2010 (boomark / email).
National Practitioner Data Bank Fact
NPDB identifies unprofessional healthcare practitioners
Unlawful Retaliation for Sexual Harassment Claim
Title VII retaliatory discharge retaliation requires proof of participation in protected activities
Gallbladder Surgery Errors Damage Bile Duct
X-ray Procedures Can Reduce Gall Bladder Surgery Error Rates
Military Veterans Benefits
How to obtain full range of benefits for veterans and dependnets
Hospital Malpractice
Corning Hospital agrees to $2.4 million medical negligence settlement after a baby was born with brain damage.
Paxil Birth Defects
alleging link to the birth defect persistant pulmonary hypertention in the newborn (PPHN) and infant death.
Wrongful Death
alleging death was caused by the conduct of negligent defendant.
Hospital Infection
allegedly resulting from medical malpractice.
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.

Jury Awards $1.85 Maryland Wrongful Death Verdict to Couple Over Sons Fatal Birthing Injury
Dr. Murray Lawyers Up for Wrongful Death Suit
WHAT IS A WRONGFUL DEATH CASE IN CALIFORNIA
Wrongful Death in Iowa Could Multiply
Georgia Wrongful Death Actions:Who Has The Right To Sue (Part II)








