Doctor’s affidavit challenged arbitration provision

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted January 27, 2023 10:43 AM

Responding to a request to compel arbitration of her personal injury claim against a nursing home, Maria Sanders submitted an affidavit from a doctor who concluded — based solely on a review of her medical records — that when Sanders signed an admission contract containing alternative-dispute-resolution provisions “it is unlikely that she would have understood the contents of any legal documents.”As part of its reply, the defendant, Oakbrook Healthcare Centre, argued Sanders was unable to rebut the presumption of capacity …

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