Michaelis

We reverse the trial court’s order denying defendant physicians’ motion to compel arbitration in a medical malpractice case.

Background

According to plaintiff Kate Michaelis’s brief on appeal, she consulted defendant Dr. Janet Schori for medical care related to her pregnancy. She was under the impression Schori would be solely responsible for her care. During her first visit, Michaelis, 17 years old at the time and living with her parents, signed a binding arbitration agreement, also signed by Schori. The pregnancy appeared to progress routinely. When Michaelis went into labor she checked into the hospital after talking to Schori, who told her defendant Dr. Kim Bader would meet her there.

Bader never showed up. According to Michaelis, the hospital staff failed to detect signs of pregnancy-induced hypertension and the baby, otherwise normal, was stillborn. Disaffirming the arbitration agreement, Michaelis and plaintiff Bodie Stroud, the baby’s father, sued the hospital, staff, and the two defendant doctors for medical malpractice.

Schori and Bader appeal the trial court’s denial of their motion to compel arbitration per the agreement.

Issues

(I) Is a minor entitled…