Maertins v. Kaiser Foundation Hospitals

Plaintiff brought this malpractice action alleging failure of Dr. Paul Pfeiffer to discover and treat a tubercular condition in his left lung. Plaintiff was a subscriber to the respondent Kaiser Foundation Health Plan, a nonprofit trust which collects premiums for prepaid medical care by respondent Permanente Medical Group, a partnership of doctors, at hospitals owned and maintained by respondent Kaiser Foundation Hospitals, a corporation.

This is an appeal from a judgment for defendants.

In December of 1952 appellant failed to pass an army induction physical because of a heart murmur. He was…