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Contracts Keyed to Epstein
Broemmer v. Abortion Services of Phoenix, Ltd.
Citation:
173 Ariz. 148, 840 P.2d 1013 (1992)Facts
In December 1986, plaintiff, an Iowa resident, was 21 years old, unmarried and 16 or 17 weeks pregnant. She was a high school graduate earning less than $100 a week and had no medical benefits. Plaintiff’s mother contacted Abortion Services of Phoenix and made an appointment for her daughter to receive information on alternatives to abortion. Plaintiff was asked to complete three forms, one of which is the agreement to arbitrate, which included language that “any dispute arising between the parties as a result of the fees and services would be settled by binding arbitration.” After plaintiff returned the forms and received an abortion, she suffered a punctured uterus. Plaintiff filed a malpractice complaint about 1 1/2 years after the medical procedure. By the time litigation commenced, plaintiff could not recall signing the agreement to arbitrate.
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