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STEWART v. BOVA

No. 20100036-CA.

256 P.3d 230 (2011)

2011 UT App 129

Glenna STEWART, Plaintiff and Appellee, v. Charles BOVA, M.D., and Pioneer Valley Hospital, Defendants and Appellants.

Court of Appeals of Utah.

April 21, 2011.

Attorney(s) appearing for the Case

Shawn P. Bailey , Logan; and Clark Newhall , Salt Lake City, for Appellee.

Kurt M. Frankenburg , Stephen T. Hester , Brian P. Miller , Kenneth L. Reich , and Christopher W. Droubay , Salt Lake City, for Appellants.

Before Judges McHUGH, ORME, and VOROS.

OPINION

VOROS, Judge:

¶ 1 The question presented by this appeal is whether an agreement to arbitrate a medical malpractice dispute must, to be enforceable, comply with the specific requirements of the arbitration statute of the Utah Health Care Malpractice Act. See Utah Code Ann. §§ 78B-3-401 to -422 (2008). We hold that it must.

BACKGROUND

¶ 2 On September 16, 2008,...

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