Coon v. Nicola

In Coon v. Nicola (1993) 17 Cal.App.4th 1225, the plaintiff was treated by the defendant physician for injuries suffered in a mining accident. Several days later, the plaintiff visited the doctor in his office and signed an arbitration agreement. The agreement provided for arbitration of all claims arising out of "prospective care," but also included an optional provision governing "'retroactive effect.'" (Coon, supra, 17 Cal.App.4th at p. 1230.) That provision stated: "'If patient intends this agreement to cover services rendered before the date it is signed (for example, emergency treatment) patient should initial below: Effective as of date of first medical services.'" (Ibid.) The Coon court noted "it is not disputed that respondent signed the agreement and separately initialed the clause expressly agreeing to arbitrate disputes stemming from the care appellant rendered prior to the office visit." (Ibid.)