Weeks v. Crow

California Court of Appeal Dec 16, 1980 No. Civ. 22357Published

Before: Brown (Gerald)

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Holding. The court held that the arbitration agreement did not apply to the parents' wrongful death claim because the contract only named the mother as the patient and did not include the newborn child.

Issues

Does an arbitration agreement signed by an expectant mother require the parents to arbitrate a wrongful death claim arising from medical services rendered to their newborn baby?

Disposition. affirmed

Quotations verified verbatim against the opinion

“The omission of any reference to the child expresses an intention not to apply the agreement to malpractice claims arising out of medical services rendered to the child.”

[352]

Opinion

BROWN (Gerald), P. J.

Defendants in a medical malpractice action petitioned the court to order arbitration (Code Civ. Proc., § 1281.2). The superior court found the arbitration agreement did not apply to plaintiffs’ action for the wrongful death of their newborn baby and denied the petition. Defendants appeal.

On January 20, 1978, plaintiff Sherry L. Weeks entered Mt. Helix General Hospital for childbirth. She and her husband, plaintiff Larry D. Weeks, signed an agreement providing for arbitration of “‘any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered,. . ,’”

As required by section 1295, subdivision (b) of the Code of Civil Procedure, the agreement also contains the following notice: “‘By signing this contract you are agreeing to have any issue of medical malpractice decided by neutral arbitration and you are giving up your right to a jury or court trial.’” The contract defines “patient” as “the undersigned patient or dependent of patient (whether or not a minor), or the heirs-at-law or personal representative of patient....” Only Mrs. Weeks is named as the patient. Mrs. Weeks gave birth to a daughter, Summer Tawny Weeks, later that same day. During delivery, the complaint alleges, the umbilical cord was improperly cut and tied off, causing the baby to develop an abdominal infection which resulted in her death on February 4, 1978.

Does the agreement of January 20 require the parents to accept arbitration of their claim for wrongful death which alleges malpractice in the care and treatment of the baby?

Section 1281.2 of the Code of Civil Procedure empowers the court to order arbitration of a controversy if it finds the parties have agreed to arbitrate that particular dispute. Because the obligation to arbitrate arises from contract, the court may compel arbitration only if the dispute in question is one which the parties have agreed to arbitrate

(Pacific Inv. Co.

Townsend

Weeks v. Crow

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