BROEMMER V. ABORTION SERVICES OF PHOENIX 840 P.2d 1013 (1992) CASE BRIEF

BROEMMER V. ABORTION SERVICES OF PHOENIX

840 P.2d 1013 (1992)

NATURE OF THE CASE: This was a dispute over an arbitration clause. Broemmer (P) requested review of a decision, which held that an agreement to arbitrate, which P signed prior to undergoing a clinical abortion at Abortion's (D) clinic, was an enforceable, albeit adhesive, contract.

FACTS: Broemmer (P) sought medical attention to terminate a pregnancy. She was 21 unmarried and 16 or 17 weeks pregnant. She was a high school graduate earning less than $100 per week and had no medical benefits. The father to be insisted that she have an abortion but her parents advised against it. P was in a state of considerable confusion and emotional and physical turmoil. She went to D's clinic with her mother and was not given any counseling or information other than three forms to sign; an arbitration agreement, a consent to operate form, and questionnaire asking for a detailed medical history. P completed all three forms in 5 minutes. There was no attempt to explain the agreements to P before or after and D did not provide P with copies of the forms. The agreement to arbitrate included language that any dispute arising between the parties as a result of fees or services would be settled by binding arbitration. The arbitrators were to be licensed medical doctors appointed by the AAA and who specialize in obstetrics or gynecology. P also completed a two-page consent form and a questionnaire for a detailed medical history. After pre-operation procedures were performed, P was then instructed to return the next day. P returned the next day and Dr. Otto performed the abortion and P suffered a punctured uterus that required medical treatment. P sued under malpractice in June 1988 about 1.5 years after the medical procedure. P could not recall signing the agreement to arbitrate. D moved to dismiss because of the consent to arbitration form. P submitted affidavits that remain uncontroverted. D was granted summary judgment. The appeals court said the contract was one of adhesion but was nonetheless enforceable because it did not fall outside P's reasonable expectations and was not unconscionable. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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