A blow to pretreatment ADR agreements signed by parents

/ 21.Aug, 2012

Philadelphia Court of Common Pleas Judge Allan Tereshko has rejected a hospital’s argument that a plaintiff gave up her right to a jury trial due to an ADR agreement signed by the plaintiff’s mother.  The court noted that the mother did not have power of attorney to make the decision to give up the right to a jury trial.  In his opinion, the judge also noted that the mother testified that she does not remember signing the document, and does not recall anyone explaining the document to her.  The article in the Intelligencer does not state whether the daughter was a minor at the time of treatment.

Josh J.T. Byrne, Esquire