Arbitration Clauses Affect Birth Injury Claim
Parents who experience a traumatic birth event resulting in cerebral palsy often seek answers and accountability. However, they may discover that the OB/GYN provider agreement they signed included a mandatory arbitration clause. As a Cleveland, OH cerebral palsy lawyer, we help families understand their rights when these clauses appear to limit access to the court system. At Mishkind Kulwicki Law Co., L.P.A., we take a close look at the legality and enforceability of such provisions, especially in cases involving lifelong care needs like home modifications after an injury. These types of cases have long lasting consequences, and we want to make sure that you are properly covered to handle them.
What Is A Mandatory Arbitration Clause?
Many hospitals and private providers include arbitration agreements in their intake paperwork. These clauses typically state that any future legal disputes must be resolved through private arbitration rather than public court. While this can save time in commercial disputes, it often puts families at a disadvantage in medical negligence cases, where access to a jury trial can be critical. That is where an attorney can step in to help.
Legal Grounds To Challenge Arbitration Agreements
Under Ohio law, arbitration clauses must be entered into voluntarily and with full understanding of their implications. If the agreement was buried in routine paperwork, presented in a stressful moment, or lacked clear explanation, it may not hold up in court. For example, if a mother was encouraged to sign a document while actively undergoing labor and she was unable to read through it, the hospital can be found negligent. We evaluate the context and wording of these clauses to determine whether they are enforceable.
Why Arbitration May Not Favor Families
Arbitration tends to favor repeat players like hospitals and insurance companies who select the arbitrators and understand the system. Awards are often smaller than court verdicts, and decisions are rarely subject to appeal. We fight to preserve a family’s right to pursue a full and fair hearing before a jury, especially when the long-term impact of a condition like cerebral palsy is at stake.
Addressing Lifelong Needs In Your Case
When birth injuries result in conditions such as cerebral palsy, families face decades of caregiving needs. One overlooked parallel is seen in cases of aging with a spinal cord injury, where future medical care, assistive devices, and structural changes to the home must all be considered. We incorporate these projections into our legal strategy, even if arbitration ends up being required.
Our Experience With High-Stakes Medical Claims
Our firm has a 4.8/5 star Google rating and has recovered over $300 million in verdicts and settlements. We approach every case with medical precision and legal persistence. We understand difficult matters such as those that involve challenging an arbitration clause signed just minutes before a scheduled induction, which lacks true informed consent.
If your child was diagnosed with cerebral palsy and you’ve been told arbitration limits your options, contact Mishkind Kulwicki Law Co., L.P.A. to discuss how we may still be able to fight for your family’s rights.
