Broemmer, age 21, was unmarried and 16 or 17 weeks pregnant. She was a high school graduate earning less than $100 a week and had no medical benefits. Broemmer was in considerable turmoil and confusion. The father-to-be insisted that she have an abortion, but her parents advised against it. Broemmer went to Abortion Services with her mother and was escorted into an adjoining room and asked to complete three forms: a consent to treatment form, a questionnaire asking for a detailed medical history, and an agreement to arbitrate. The agreement to arbitrate stated that "any dispute arising between the Parties as a result of the fees and/or services: would be settled by binding arbitration" and that "any arbitrators appointed by the AAA [American Arbitration Association] shall be licensed medical doctors who specialize in obstetrics/gynecology." No one made any effort to explain this to Broemmer, and she was not provided with a copy of the agreement. She completed all three forms in less than five minutes. After Broemmer returned the forms to the front desk, she was taken into an examination room where preoperation procedures were performed. She was then instructed to return at 7:00 AM the next morning. She returned the following day and a physician performed the abortion. As a result of this procedure, Broemmer suffered a punctured uterus, which required medical treatment. Broemmer later filed a malpractice lawsuit against Abortion Services. Abortion Services moved to dismiss the suit on the ground that arbitration was required under the agreement. Should the arbitration clause be enforced in this situation?

  • CreatedJuly 16, 2014
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