Titolo

Introduction

Marie L. Titolo sued her former treating physician, Luz Elena Cano, M.D., for breach of fiduciary duty, violation of privacy rights, intentional interference with prospective economic advantage, and negligence. All of Titolo’s claims are based on Cano’s communications to Titolo’s disability insurer that Titolo was not disabled, but was a scam artist and a fraud, and Cano’s provision of Titolo’s medical file to the disability insurer. Cano petitioned the trial court to compel arbitration of Titolo’s claims. The trial court denied the petition on the ground Titolo’s claims against Cano were not within the scope of the parties’ written arbitration agreement. Cano appeals from that order.

We reverse. The parties’ written arbitration agreement applies to “any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered.” We hold communications between a physician and his or her patient’s disability insurer, at the request of the patient, regarding the diagnosis and/or treatment of the patient by that physician, constitutes the…