Medical Malpractice Arbitrations

Part 3, Title 9.1 of the California Code of Civil Procedure deals with the arbitration of medical malpractice in special proceedings of a civil nature.

Section 1295 provides that any contract for medical services which contains a provision for arbitration of any dispute as to professional negligence of a health care provider must have the provision as the first article of the contract and be expressed in the specified language.

Immediately before the signature line provided for the individual contracting for the medical services must appear a specified message in at least 10-point bold red type. Where the contract is one for medical services to a minor, it is not subject to disaffirmance if signed by the minor’s parent or legal guardian.

These requirements do not apply to any health care service plan contract offered by an organization registered or licensed which contains an arbitration agreement if the plan complies with specified laws or otherwise has a procedure for notifying prospective subscribers of the fact that the plan has an arbitration provision, and the plan contracts conform state law.

The terms “health care provider” and “professional negligence” are defined.