Arbitration, Wrongful Death & Damage Caps
09/20/08 15:12 Filed in: Medical
Malpractice | Wrongful
Death
I
spoke at the Utah Association for Justice’s Annual
Seminar yesterday regarding the case of Bybee v.
Abdulla. In Bybee, the Utah Supreme Court sided with
the plaintiff, refusing to compel her to participate
in an arbitration. The Plaintiff’s husband died as a
result of alleged medical malpractice. The physician
held an arbitration agreement with the patient’s
signature, but the signature of the spouse and heirs.
Under the Utah Constitution, claims for wrongful
death receive special protection, making it
effectively impossible for the patient to bind his or
her heirs to participate in arbitration. But, the,
the Bybee court went even further, holding
that
any limitations
on wrongful death claims would likely violate the
special constitutional protections. This means that,
in the medical malpractice context, there is likely
no longer a damages cap for the loss of love, society
and companionship when the negligence of healthcare
providers kills the spouse, father, mother or
child.
