Massachusetts Appellate Court Enforces Medical Malpractice Arbitration Agreement Despite Language Barrier

Carlos E. Lopez Rivera (“Lopez”) underwent eye surgery performed by the defendant eye surgeon, Steven W. Stetson (“Stetson”). Prior to surgery, Lopez signed a form agreeing to submit any disputes regarding the surgery to arbitration. Dissatisfied with the surgery, Lopez filed a medical malpractice complaint in the Massachusetts Superior Court, and Stetson moved to dismiss and to compel arbitration pursuant to the signed agreement. A Superior Court judge denied
the motion concluding that Stetson’s “failure to translate” the arbitration agreement into Spanish amounted to “fraud in the inducement” and rendered the agreement invalid and unenforceable.

In its opinion dated August 31, 2023, the Massachusetts Appeals Court held: “Based upon the “totality of the circumstances” presented by undisputed facts in the record, we conclude that the parties formed a valid arbitration agreement … The record shows that Lopez had reasonable notice of the arbitration agreement, and that he manifested his assent to the agreement. Stetson’s office staff presented to Lopez four forms, including the arbitration agreement. Text at the top of the arbitration form clearly identified the document as “PATIENT ARBITRATION AGREEMENT.” The first paragraph, titled “ARBITRATION,” stated that any claim, including “medical malpractice,” must be resolved by “mandatory and binding arbitration” as the “sole and exclusive means for . . . resolving any claim.” The second paragraph, titled “PROCEDURE FOR ARBITRATION,” stated that the American Arbitration Association decision would be “final and binding for both parties.” The third and last paragraph, titled “CONSIDERATION,” stated that Lopez “has read, understands, and had an opportunity to refuse to execute this arbitration agreement and agrees to be legally bound by its terms.” Lopez signed and dated the arbitration agreement on the lines indicated. These facts amply demonstrate a valid arbitration agreement because Lopez had reasonable notice of the terms of the agreement and manifested his assent.”

With regard to the language barrier issue, the Massachusetts Appeals Court stated: “Lopez’s lack of facility with the English language does not require a different result. Lopez testified that he had lived in Massachusetts for twelve years at the time of his surgery and had learned a “little bit” of English “on the streets.” Lopez further testified that if the arbitration agreement had been read to him in Spanish, he would not have signed it. The judge found, “Mr. Lopez’s primary language is Spanish, but he understood some limited English from living and working in the United States for more than twelve years by the time of these events in 2017.” The judge also found, “Mr. Lopez did not have a sufficient understanding of English to allow him to read the Arbitration Agreement.” “The general rule is that, in the absence of fraud, one who signs a written agreement is bound by its terms whether he reads and understands it or not. This rule
applies to a person who cannot read” … The rule also applies to those who lack an “understanding” of the terms of the agreement or “the English language” … Under ordinary contract principles, “a party’s failure to read or understand a contract provision does not free him from its obligations.” Miller, 448 Mass. at 680. Therefore, we apply that rule to the arbitration contract here and conclude that Lopez is bound by the arbitration agreement.”

Source Lopez Rivera v. Stetson, No. 22-P-904.

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