What’s New in Health Law

Court Enforces Arbitration Agreement between Hospital and Employed Doctor

The U.S. District Court for the Southern District of Texas dismissed an obstetrician’s disability discrimination and breach of contract claims, granting a hospital’s request to enforce an arbitration clause in her employment agreement. (Arbitration provisions generally require the parties to resolve their disputes outside of the court system. In most cases, an arbitrator’s decision will be binding and confidential.)

In this case, the obstetrician did not dispute signing the arbitration agreement, but claimed that it was unenforceable because it interfered with her rights under the National Labor Relations Act. The court disagreed. It explained that the National Labor Relations Board could not grant damages for her disability discrimination and breach of contract claims. These claims could only be dealt with in the court system or in arbitration. Because the doctor was contractually bound to arbitrate such claims, the court granted the hospital’s motion to dismiss her lawsuit.

The obstetrician has filed a separate complaint with the National Labor Relations Board.

Poole-Ward v. Affiliates for Women’s Health, P.A.

Check out this case and more on our What’s New page.

Question of the Week

We’re trying to create a standardized job description for surgical assistants. Are there any uniform standards or best practices we should follow?

Read the answer>>

Our 2017-2018 Seminar Calendar has now been posted.  Check it out!



Sign up for our FREE
Health Law Express

Or contact us 
with any questions
comments or concerns