Valenzuela

FACTS AND PROCEEDINGS BELOW

On April 14, 2021, Christina was admitted at Kindred with clinical diagnoses of respiratory failure, pneumonia, septic shock and kidney failure. Sandra gave consent for Christina to undergo hemodialysis and a blood transfusion the following day. Three days later, on April 18, 2021, Sandra executed Christina’s admission paperwork, which included an agreement to utilize ADR procedures—namely, first mediation and then, if necessary, binding arbitration—to resolve, inter alia, “any legal claim or civil action arising out of or relating to [Christina’s] hospitalization” at Kindred (the ADR agreement). Sandra later

1Because this appeal requires us to discuss both Christina Valenzuela and her daughter Sandra Valenzuela, to avoid confusion, we refer to them by their first names. No disrespect is thereby intended.

2 gave consent for Christina to undergo various medical procedures at Kindred, including placement of a midline catheter on April 25, 2021 and May 3, 2021, and placement of a peripheral venous midline on May 20, 2021 and May 26, 2021. The record does not contain any indication Christina expressly granted Sandra the authority to make decisions or…