Douglas Dees v. Helmuth T. Billy, M.D. Gregory E. Ginn, M.D.

We must decide whether we have jurisdiction to review a district court order that stayed the plaintiffs medical malpractice action, compelled arbitration, and administratively closed the case.

I

In February 1998, Douglas Dees was diagnosed by his family physician as suffering from elevated blood calcium levels and was referred to Drs. Helmuth Billy and Gregory Ginn (“Doctors”) for treatment. During his first visit to the Doctors’ office, Dees signed a one-page “Physician-Patient Arbitration Agreement,” which provides that the parties will resolve any medical malpractice disputes through arbitration. Dees claims that he was required to sign the agreement before seeing the Doctors and that the office staff did not explain the terms of the agreement to him.

In August 1998, the Doctors operated on Dees in an effort to alleviate his persistent disorder. Dees claims that his left phrenic nerve was negligently severed during the procedure, which resulted in the paralysis of his left lung, and he subsequently filed a complaint against the Doctors with the Nevada Medical-Legal Screening Panel. The Panel concluded that there was a “reasonable probability” that Dees had been injured by…