Doncene Sosa, Plaintiff and Appellee, v. Lonnie E. Paulos, M.D., Defendant and Appellant., 924 P.2d 357

Summary

The patient claimed the facts surrounding her signing the agreement and the substance of the agreement rendered it unconscionable. The physician claimed the agreement was fair, the patient had time to read it and ask questions, and because the agreement contained a severability and revocation clause, it should be enforced. The court held that the agreement was procedurally and substantively unconscionable, however, remanded the case. The requirement that medical professionals comprise the arbitration panel was not substantively unconscionable, but a requirement that the patient pay the physician's attorney fees, costs and for his time should she win less than half the amount of damages that was sought. The agreement was procedurally unconscionable because the patient was not given the agreement until right before surgery, she did not have time to read it and she never discussed it with the physician. The case was remanded, however, to determine whether the patient received a copy of ...