Buckner

Appellant Mark W. Tamarin, M.D., appeals the trial court’s denial of his petition to compel arbitration of respondents’ wrongful death claim against him. After review, we affirm.

Procedural and Factual Background

Appellant Dr. Mark W. Tamarin was decedent Paul Clifford’s doctor. Clifford had signed a medical arbitration agreement covering any dispute over his care. The agreement, which applied to all claims including wrongful death, stated, “It is the intention of the parties that this agreement bind all parties whose claims may arise out of or relate to treatment or services provided by [appellant Dr. Tamarin] including any . . . heirs of the patient [Paul Clifford] . . . .” (Code Civ. Proc., §§ 1283, 1295 [permit arbitration of wrongful death claims].)

Clifford died following surgery by Dr. Tamarin. His adult daughters, respondents Susan Buckner, Caroline Clifford, and Colleen Gillespie, sued Dr. Tamarin for wrongful death. They alleged he had negligently operated on their father and then tried to conceal his malpractice by stating on the death certificate that the cause of death was a heart attack.

Dr. Tamarin filed a petition to compel arbitration. Respondents…