14 September 2008
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.