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.