The Utah Supreme Court recently held that health care providers cannot force the spouse and children into arbitration for wrongful death claims due to medical malpractice. In Bybee v. Abdulla, the plaintiff brought a claim for wrongful death when her husband died as a result of alleged medical negligence. The healthcare provider had an arbitration agreement with the deceased husband and claimed that the arbitration agreement also waived the wife's right to go to court.... even while the healthcare provider retained their right to sue the husband for collection of fees. The Utah Supreme Court recognized that the wife and her children did not agree to arbitration and could not be forced to give up their rights of court access to redress the wrong. The full case can be read here (pdf).

Tags: wrongfuldeath, heirs