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p1573 Code of Civil Procedure § 1295 – which validates the waiver of a jury trial in favor of binding arbitration in medical malpractice cases so long as a patient is given thirty days to ponder the waiver and to rescind it – does not deny the child of a patient the right to a jury trial in a wrongful death action if the patient dies within thirty days of signing a waiver purporting to bind the patient and her children.CitationRODRIGUEZ v SUPERIOR CT (LA) (Right to Jury Trial) 176 CA4 1461 [See CCP 1295 (MICRA); Cal Const Art I §16; Ramirez v Super Ct 103 CA3
746]
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