Presiding Judge Stephen Dillard, Georgia Court of Appeals. (Photo: John Disney/ALM)
Hospital defense attorneys may want to take another look at their arbitration clauses following an unusual opinion from the Georgia Court of Appeals.
Presiding Judge Stephen Dillard ruled that Emory Healthcare cannot force arbitration of a medical-malpractice case over an infant’s death because the arbitration agreement the mother signed upon admission applied only to her, not to her then-unborn child. Dillard was joined by Vice Chief Judge Amanda Mercier and Judge Andrew Pinson. They affirmed Gwinnett County State Court Judge Pam South in denying Emory’s motion to dismiss and to compel arbitration.
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