Klemish v. Villacastin

Frank and Marianne Klemish appeal the trial court’s non-final order compelling arbitration of their medical malpractice claims against Kindred Hospitals East, LLC (Hospital). 1 Determining that the arbitration agreement entered into by the parties is void because it violates public policy, we reverse.

Marianne was admitted to the Hospital for therapy and post-surgical care. She signed an arbitration agreement entitled “ALTERNATIVE DISPUTE RESOLUTION AGREEMENT AND AMENDMENT TO ADMISSION AGREEMENT.” The agreement provided, in relevant part:

The Parties agree as follows:

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2. Waiver of…