Winkler v. Children's Hospital

Plaintiffs appeal as of right from an April 19, 1990, order granting partial summary disposition in favor of defendants Children’s Hospital of Michigan and Ramon Berguer, M.D., P.C. We reverse and remand.

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On August 24, 1987, Bret Michael Winkler, then age four, was admitted to Children’s Hospital to undergo vascular surgery. On that, same day, his mother, Doris U. Winkler, executed an arbitration agreement on his behalf. The agreement provided that she was choosing arbitration for the resolution of any future claims regarding Bret’s hospital care, that the agreement to arbitrate could be…