Roberts v. McNamara-Warren Community Hospital

Plaintiff appeals by leave granted from the trial court’s order compelling arbitration of her medical malpractice claims against defendants McNamara-Warren Community Hospital and Carroll Knauss, D.O. Defendant Basil Marrella, D.O., is not a party to this appeal. We reverse.

On March 7, 1979, when plaintiff was 16 years old, she was admitted to McNamara-Warren Community Hospital for a laparoscopy procedure. Plaintiff’s mother signed a standard arbitration agreement, a copy of which is contained in the trial court record. During the laparoscopy, plaintiff’s uterus was lacerated, resulting in…