Sosa v. Paulos

DURHAM, Justice:

Plaintiff Doneene Sosa signed a document entitled “Physician-patient Arbitration Agreement” shortly before undergoing knee surgery performed by defendant Lonnie Pau-los, an orthopedic surgeon. After she filed a civil suit for medical malpractice related to the surgery, Dr. Paulos moved to stay the proceedings and compel arbitration under the agreement. The trial court denied the motion on the ground that the agreement was proeedurally and substantively unconscionable. Dr. Paulos appeals.

This case is extremely close on its facts. We emphasize preliminarily that arbitration…