California Court of Appeal

In plaintiff's suit for medical malpractice against a plastic surgeon claiming that the doctor negligently perforated her viscus and small bowel during a liposuction, resulting in contamination of her abdominal wall, trial court's denial of plaintiff's arbitration demand is affirmed as substantial evidence supports the trial court's factual determination that plaintiff waived her contractual right to arbitrate her medical malpractice dispute by waiting to pursue arbitration until the virtual eve of trial, long after discovery, including expert discovery, had been completed, and the doctor suffered prejudice by losing whatever time and cost benefits could have been gained through arbitration, and by focusing his litigation efforts on a jury trial rather than an arbitration panel.

Appellate Information

• Decided 12/09/2010
• Published 12/08/2010

Judges

• ARONSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Walter R. Zech, Terrence J. Schafer