Robinson v. Pediatric Affiliates Medical Group, Inc.

Opinion

BEACH, J.

Defendant physician Siegel appeals from a judgment entered in favor of plaintiffs in a malpractice action against him following a court trial.

1

On September 8, 1975, two-year old Audrey Robinson was suffering from gastroenteritis and moderate dehydration necessitating her admission to West Hills Hospital in Canoga Park for the administration of fluids intravenously (hereafter referred to as IV). The IV was adminis

[910]

tered through a vein on the back of Audrey’s right hand. To keep the IV in place, Dr. Bernard Siegel, Audrey’s pediatrician, taped Audrey’s right hand to a five-pound sandbag. The IV was administered during the first 56 hours of Audrey’s hospitalization. The trial court found that the taping of Audrey’s right hand was done in such a manner as to impair circulation of the fingers and to cause the amputation of portions of Audrey’s third, fourth, and fifth fingers. Audrey was awarded $27,500 in damages and her father, Ralph Robinson, was awarded $7,227.08 in medical expenses incurred on behalf of Audrey.

Defendant contends on appeal that (1) the evidence was insufficient to support the trial court’s finding of negligence and (2) Civil Code section 3333.1 barred recovery of medical expenses against defendant.

Discussion:

1.

Sufficiency of the Evidence

In resolving the issue of the sufficiency of the evidence supporting the trial court’s findings, our power begins and ends with the determination as to whether there is any substantial evidence, contradicted or uncontradicted, to support the finding of fact.

(Stevens

v.

Parke, Davis & Co., 9

Cal.3d 51, 64 [107 Cal.Rptr. 45, 507 P.2d 653];

Nestle

v.