Victoria v. Superior Court

Opinion

BIRD, C. J.

Does the arbitration provision in a health service agreement, which covers any claim “arising from rendition or failure to render services,” apply to a claim against the health care provider for negligent employment of an orderly accused of sexually assaulting a patient?

I

Petitioner, Imelda Victoria, was admitted to a hospital owned by real party in interest, Kaiser Foundation Hospitals (hereafter Kaiser), for brain surgery in August of 1984. According to the allegations of petitioner’s complaint, she was repeatedly sexually assaulted, raped and sodomized during her recovery…