KORAL MOORE V. WOMAN TO WOMAN OBSTETRICS & GYNECOLOGY
A-0953-09T1 08-18-10
Plaintiffs, an infant and the child's parents, filed a
complaint alleging medical malpractice and seeking damages for
wrongful birth and life. This is an appeal from orders
compelling arbitration of all three plaintiffs' claims against a
defendant doctor and his practice group, which rendered care to
the mother during her pregnancy. We conclude that agreements to
arbitrate pre-dispute medical malpractice claims are not
unenforceable as a matter of law, and provide direction for the
reconsideration of plaintiffs' claim that this contract of
adhesion requiring arbitration is unenforceable under the
circumstances present in this case.
