Kimbley
Kimbley v. Kaiser Foundation Hospitals
Opinion
Opinion
Regan, J.
Plaintiff appeals from the judgment entered after a jury returned a verdict for defendants on her complaint alleging negligent medical treatment by various physicians and employees of Kaiser Founda tion Hospitals and Permanente Medical Group, under the Kaiser Foundation Health Plan, Inc. The sole question on appeal is whether subscribers to the Kaiser Foundation Health Plan should have been automatically excluded as jurors in this action against the plan or its related entities. We hold here there is no such requirement, and thus, there was no error in the trial below.
Facts
Plaintiff filed this action for medical malpractice against Kaiser Foundation Hospitals, Permanente Medical Group and Kaiser Foundation Plan, Inc., on February 8, 1979. Plaintiff alleged she sustained physical injuries as a result of orthopedic care given her at the Kaiser facility in Sacramento. Plaintiff had originally sustained a fractured wrist after falling. Plaintiff’s wrist was X-rayed and cast at the Kaiser emergency room. She was reexamined the next day to determine whether the wrist was properly reduced and cast. On the following day, a physician partially cut the cast to relieve…