Hilleary

Defendant Harold W. Garvin, M.D. appeals from an order denying his petition seeking to compel plaintiff Joyce Hilleary to arbitrate her medical malpractice claim against him pursuant to a written agreement between the parties. We reverse.

The record reveals that on August 24, 1984 plaintiff visited the Ob-Gyn Medical Group, Inc. for treatment of vaginal bleeding and for an examination to determine whether she was pregnant. At that time, she executed a document entitled “Mutual Arbitration Agreement.” As discussed, infra, no other written contract outlining her medical treatment was signed by the parties.

After examining plaintiff, Dr. Gordon E. Hanusek of the clinic diagnosed her condition as pregnancy complicated by a threatened miscarriage due to fibroid tumors. Plaintiff apparently was aware that she had the tumors prior to coming to the medical group.

On August 28, 1984, plaintiff suffered a miscarriage. The following day, Dr. Hanusek performed a dilation and curettage procedure. On September 20, 1984, plaintiff returned to the clinic for followup care. During that examination, Dr. Hanusek informed plaintiff that she would continue to have miscarriages unless the…