Pietrelli

Defendant Gordon Peacock, M.D., appeals from an order denying his petition to compel arbitration of a claim brought by plaintiff Robert Pietrelli, a minor, for medical malpractice. The issue here is whether plaintiff was bound by an arbitration agreement which was signed by his mother at a time when plaintiff was both unborn and unconceived. We conclude that plaintiff was so bound and reverse the judgment of the trial court.

Background

On July 28, 1981, plaintiff’s mother, Mrs. Jerri Pietrelli, who was not pregnant at the time, signed a contract in which she agreed to submit any dispute regarding medical services rendered by defendant to binding arbitration. The document, entitled “Arbitration Agreement” stated in pertinent part, “Any controversy between me and Doctor concerning medical care and any such controversy between Doctor and persons, bom or unborn, on behalf of whom I have the power to contract shall be submitted to Final and Binding Arbitration in accordance with the procedure set out in Article 2 below.” (Italics added.) Mrs. Pietrelli subsequently became pregnant and received obstetric care from defendant.

Plaintiff was born on October 3, 1982. On…