NJ Appellate Court Upholds Arbitration Remedy for Patient/Doctor Disputes
Share | In Moore v. Woman to Woman Obstetrics & Gynecology , a New Jersey appellate court ruled that arbitration is a valid forum for resolution of disputes between doctors and their patients. The court found that some patient-physician agreements to arbitrate are enforceable, but enforceability will be determined based on whether certain substantive and procedural requirements have been met. The relevant facts of the case are as follows: The Plaintiffs Monica and Kevin Moore are the parents of Koral Moore, who has Down Syndrome. Due to Monica's age, her pregnancy was considered high risk. Her doctor, defendant Lisa Vernon, M.D., practicing with defendant Woman to Woman Obstetrics & Gynecology, L.L.C., referred Monica to defendants Carlos Fernandez, M.D., and Premier Perinatal, L.L.C. (Premier). During Monica's first appointment with Dr. Fernandez at Premier, an ultrasound was to be administered due to her high-risk pregnancy. The receptionist gave