Wilson v. Kaiser Foundation Hospitals

Opinion

SPARKS, J.

The question to be decided is whether a binding arbitration clause in a group medical and hospital agreement governs a claim for prenatal injuries by a child who, while not a member of the group at the time of medical malpractice, becomes one at the moment of his birth.

Defendants Kaiser Foundation Hospitals (Hospitals) and Permanente Medical Group (Permanente) appeal from an order denying enforcement of an arbitration provision in a medical services contract to plaintiff’s cause of action for prenatal injuries. We hold that the arbitration clause is binding upon plaintiff and…