Rhoda Cummin went to Gladness Clinic in Las Vegas to get a prescription for an oral contraceptive. Her medical history put her at a high risk of a stroke from the use of birth control pills. She did not know this, but her medical records and history would have alerted an obstetrician to the risk. She obtained a prescription for the pills, and began taking them. Six months later she suffered a cerebral incident (stroke) that left her partially paralyzed.
Ms. Cummin hired a lawyer to sue the clinic. The investigation reveals that the clinic was negligent in prescribing the contraceptive in light of Ms. Cummin's history. A negligence suit is filed. The clinic responds with a motion to stay the lawsuit pending arbitration and for a court order compelling arbitration. Their affidavit states that the clinic requires all patients to sign an arbitration agreement before receiving treatment. This agreement provides that all disputes must be submitted to binding arbitration and the parties waive their right to a trial. The clinic receptionist hands the agreement to the patients along with explanatory materials and informs each one that any questions will be answered.
Ms. Cummins states she does not remember signing the agreement or having it explained and her lawyer files a response to that effect.
A judge is assigned to this suit, Please what could be the response to the clinic's motion and include the rational behind decision to be taken
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