County of Los Angeles v. County of Imperial

BARNARD, P. J. This is an action to recover the costs incurred in furnishing hospital treatment, from April 6, 1942, to August 22, 1942, for an indigent resident of the de[137]fendant county. The case was tried in Inyo County, by stipulation of the parties, and was submitted on stipulated facts. The defendant has appealed from a judgment awarding the plaintiff $764.43.

One Wilson, a resident of Imperial County, was treated in the Imperial County Hospital from January 31, 1942, to April 3, 1942. Since he had made no improvement he was advised by Dr. Heald, Assistant County Physician, to go to Los Angeles County. It was necessary for Dr. Heald to refer the patient to some physician or hospital outside of Imperial County as there were no facilities therein for the treatment necessary for his condition. Dr. Heald told the patient to go to White Memorial Hospital in Los Angeles, giving him a letter addressed “To Whom it May Concern” stating the general facts of his condition, that there was no one in Imperial County who did the necessary work, and that the patient had been advised that his only chance for recovery was to be in the hands of a qualified chest surgeon. On arriving at the White Memorial Hospital Wilson disclosed that he was without funds and was referred by that institution to the Los Angeles County General Hospital.

He was admitted to the Los Angeles County General Hospital on April 6, 1942, as the admitting physician found him to be acutely ill and in need of immediate hospitalization. In tracing the events which followed we will, for convenience, refer to the Los Angeles County General Hospital as “the hospital,” to the Welfare Department of Imperial County as “the welfare department” and to the Board of Supervisors of Imperial County as “the board.” On April 7, the hospital sent a telegram to the welfare department asking it to wire an authorization to pay the bill for Wilson, stating that he had been sent to Los Angeles County without funds by Dr. Heald for the reason that Imperial County had no facilities for his care. The welfare department did not refer this matter to the board, but on April 9 wired a reply stating that it was not authorized to act and that the board was the only body empowered to comply with the request. On April 10, the hospital wired the board asking it to wire an authorization to pay for the hospital care of Wilson, stating that he had been sent to Los Angeles County without funds by Dr. Heald because there were no facilities in that county to give the needed treatment. The board referred this request back to the welfare department which, on April 13, wrote the hospital that its request would be referred to the board at its