Medical Malpractice Arbitration Plaintiff Consolidation?
Myself and 2 sisters have filed a demand for arbitration and listed each of us as plaintiffs. The malpractice concerns the death of our Mom. The large HMO hospital in Southern California has a large law firm representing their interests as respondents. The law firm sent each of us 5 documents with questions and production of documents (5 docs times 3 sisters = 15 replies). I want to know if there is a motion or procedure I could use to consolidate our Arbitration so that the 3 of us will be considered 1 plaintiff. The law firm has requested copies of all documents, records, notes, etc... to each of us individually, but there is no way that we should be required to copy and submit 3 copies of the same information regarding the treatment of our Mom.
How can I get the Respondent and/or arbitrator to group the 3 of us as 1 plaintiff?
- Anonymous1 decade agoFavorite Answer
Three plaintiffs, one case. An arbitration is just like a courtroom procedure, so unfortunately, the lawyers are allowed to propound discovery (requests for information) to all three plaintiffs. The American Arbitration Association's commercial rules of arbitration may vary in this regard, but your attorney should know this. If you have one. If this is binding arbitration (which I assume it is), please get an attorney to represent you. Since it involves the death of your mom, I imagine there is a substantial amount of money at stake.
- nursesr4evrLv 71 decade ago
I don't believe they're allowed to use a law firm in arbitration, especially if you signed an agreement beforehand agreeing to the proceedure. I would suggest getting an opinion from an attorney before you begin. The first consultation is always free. Good luck
- 1 decade ago
You will never be considered "one plaintiff" - you each have a claim for your mother's alleged wrongful death. It would be worth your while to each fill out what you know about you're mother's situation. I know it seems redundant, but your stories will corroborate one another. As the person above me stated, you can ask for "consolidation." This is just non-legal advice, from one person to another. Best of luck.