Good

This is an appeal from an order denying appellants’ motion to vacate an arbitration award in favor of respondents Kaiser Foundation Hospital et al.

Facts

This action arose as a result of the death of appellants’ decedent, Valerie Good. On July 1, 1976, Mrs. Good entered the Kaiser Foundation Hospital in West Los Angeles and gave birth to a baby girl without complications. Both Mrs. Good and the baby were discharged from the hospital on July 4. On July 6, Mrs. Good returned to the hospital emergency room complaining of fever, aches, abdominal pain and vaginal discharge. The emergency room physician removed placential fragments from her vagina and sent her home. Mrs. Good returned the next day with the same symptoms, and was admitted to the hospital.

Mrs. Good was treated with antibiotics which were ineffective. A dilation and currettage (D&C) was performed on July 10. Mrs. Good’s condition worsened and on July 12 she died.

On May 12, 1977, appellants, the husband and daughter of Mrs. Good, brought an action for medical malpractice, negligence and wrongful death against respondents, the hospital and various doctors who had treated Mrs. Good. As an affirmative defense,…