Bolanos

Appellant Rouben Khalatian, M.D., appeals from an order denying his petition to stay further proceedings and compel arbitration of the medical malpractice action instituted by respondents Inez Chavez, Jose Bolanos and their child Tatiana Bolanos. In the malpractice action, it is alleged that negligent care was rendered to Inez Chavez prior to and during delivery of her child, Tatiana, by her obstetrician, Dr. Khalatian, as a result of which Tatiana sustained an injury to her arm. The first cause of action is by Tatiana for general negligence. The second and third causes of action are by Inez Chavez for general negligence and negligent infliction of emotional distress. The fourth cause of action is by Jose Bolanos as a direct witness to the injuries caused to Tatiana.

After answering the complaint, Dr. Khalatian petitioned the court to stay the civil proceedings and to compel arbitration pursuant to an arbitration agreement signed by Inez Chavez and Dr. Khalatian.

Dr. Khalatian’s evidence at the hearing on the petition was as follows: On October 5, 1988, Inez Chavez initially visited Dr. Khalatian for obstetric care and treatment. She was approximately 25 weeks pregnant…