2009 California Code of Civil Procedure - Section 1295 :: Title 9.1. Arbitration Of Medical Malpractice

CODE OF CIVIL PROCEDURE
SECTION 1295

1295.  (a) Any contract for medical services which contains a
provision for arbitration of any dispute as to professional
negligence of a health care provider shall have such provision as the
first article of the contract and shall be expressed in the
following language: "It is understood that any dispute as to medical
malpractice, that is as to whether any medical services rendered
under this contract were unnecessary or unauthorized or were
improperly, negligently or incompetently rendered, will be determined
by submission to arbitration as provided by California law, and not
by a lawsuit or resort to court process except as California law
provides for judicial review of arbitration proceedings. Both parties
to this contract, by entering into it, are giving up their
constitutional right to have any such dispute decided in a court of
law before a jury, and instead are accepting the use of arbitration."
   (b) Immediately before the signature line provided for the
individual contracting for the medical services must appear the
following in at least 10-point bold red type:

   "NOTICE: BY SIGNING THIS CONTRACT YOU ARE AGREEING TO HAVE ANY
ISSUE OF MEDICAL MALPRACTICE DECIDED BY NEUTRAL ARBITRATION AND YOU
ARE GIVING UP YOUR RIGHT TO A JURY OR COURT TRIAL. SEE ARTICLE 1 OF
THIS CONTRACT."

   (c) Once signed, such a contract governs all subsequent open-book
account transactions for medical services for which the contract was
signed until or unless rescinded by written notice within 30 days of
signature. Written notice of such rescission may be given by a
guardian or conservator of the patient if the patient is
incapacitated or a minor.
   (d) Where the contract is one for medical services to a minor, it
shall not be subject to disaffirmance if signed by the minor's parent
or legal guardian.
   (e) Such a contract is not a contract of adhesion, nor
unconscionable nor otherwise improper, where it complies with
subdivisions (a), (b), and (c) of this section.
   (f) Subdivisions (a), (b), and (c) shall not apply to any health
care service plan contract offered by an organization registered
pursuant to Article 2.5 (commencing with Section 12530) of Division 3
of Title 2 of the Government Code, or licensed pursuant to Chapter
2.2 (commencing with Section 1340) of Division 2 of the Health and
Safety Code, which contains an arbitration agreement if the plan
complies with paragraph (10) of subdivision (a) of Section 1363 of
the Health and Safety Code, or otherwise has a procedure for
notifying prospective subscribers of the fact that the plan has an
arbitration provision, and the plan contracts conform to subdivision
(h) of Section 1373 of the Health and Safety Code.
   (g) For the purposes of this section:
   (1) "Health care provider" means any person licensed or certified
pursuant to Division 2 (commencing with Section 500) of the Business
and Professions Code, or licensed pursuant to the Osteopathic
Initiative Act, or the Chiropractic Initiative Act, or licensed
pursuant to Chapter 2.5 (commencing with Section 1440) of Division 2
of the Health and Safety Code; and any clinic, health dispensary, or
health facility, licensed pursuant to Division 2 (commencing with
Section 1200) of the Health and Safety Code. "Health care provider"
includes the legal representatives of a health care provider;
   (2) "Professional negligence" means a negligent act or omission to
act by a health care provider in the rendering of professional
services, which act or omission is the proximate cause of a personal
injury or wrongful death, provided that such services are within the
scope of services for which the provider is licensed and which are
not within any restriction imposed by the licensing agency or
licensed hospital.


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