Arbitration Agreements

Turcotte v. Baptist Healthcare of Okla., Inc., No. 05CV0323CVESAJ (N.D. Okla. Oct. 19, 2005)

A physician and a hospital entered into an employment agreement which provided that the parties resolve their conflicts in arbitration. The physician-employee subsequently brought tort claims against the hospital under the whistleblower provision of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), and for wrongful discharge under state common law. The physician argued that the arbitration provision in her employment agreement with the hospital did not govern her tort claims. The federal district court for the Northern District of Oklahoma disagreed, and held that the employment agreement expressed an intent to cover all claims arising from it, including tort claims. Accordingly, the court ruled that the physician's claims be submitted to arbitration, pursuant to the agreement.