Good v. Kaiser Foundation Hospital

Opinion

HASTINGS, J.

This is an appeal from an order denying appellants’ motion to vacate an arbitration award in favor of respondents Kaiser Foundation Hospital et al.

[821]

Facts

This action arose as a result of the death of appellants’ decedent, Valerie Good. On July 1, 1976, Mrs. Good entered the Kaiser Foundation Hospital in West Los Angeles and gave birth to a baby girl without complications. Both Mrs. Good and the baby were discharged from the hospital on July 4. On July 6, Mrs. Good returned to the hospital emergency room complaining of fever, aches, abdominal pain and vaginal discharge. The emergency room physician removed placential fragments from her vagina and sent her home. Mrs. Good returned the next day with the same symptoms, and was admitted to the hospital.

Mrs. Good was treated with antibiotics which were ineffective. A dilation and currettage (D&C) was performed on July 10. Mrs. Good’s condition worsened and on July 12 she died.

On May 12, 1977, appellants, the husband and daughter of Mrs. Good, brought an action for medical malpractice, negligence and wrongful death against respondents, the hospital and various doctors who had treated Mrs. Good. As an affirmative defense, respondents asserted that appellants’ claim was subject to arbitration, as provided in the written agreement signed by appellant Jerry Good when he became a member of the Kaiser Foundation Health Plan. The parties stipulated to a stay of the court proceedings pending completion of the arbitration.

The written agreement provided that the arbitration was to be conducted by a three-member panel. Each party was to select one member, and the two members selected by the parties would choose a third “neutral” member. Appellants selected Attorney Darryl Forgey, respondents selected Attorney Thomas C. Waterhouse, and the two in turn selected the Hon. Richard Fildew to act as the third and neutral arbitrator.

Among the expert witnesses called by appellants was John M. Marshall, M.D., chief of obstetrics and gynecology at Harbor/UCLA Medical Center. Dr. Marshall testified that respondents’ treatment of Mrs. Good did not meet the requisite standard of care because respondents did not perform the D&C in a timely manner and did not perform a hysterectomy when that procedure was indicated by Mrs. Good’s symptoms.