Nogueiro

This appeal arises from an order confirming an arbitration award rendered in a disputed medical malpractice claim against appellants. The disputed claim involving a wrongful death and contract action was arbitrated pursuant to the health plan agreement between the parties before a panel consisting of a neutral arbitrator and two arbitrators selected by the parties. The arbitrators unanimously determined that appellants were required to pay respondents a lump sum of $40,000 special damages for breach of contract plus $310,000 general damages. Appellants unsuccessfully sought to correct the award to reduce the amount of general damages to $250,000, the maximum sum allowable for “noneconomic losses” under the provisions of Civil Code section 3333.2. We will affirm the judgment entered on the arbitration award for the reasons which we explain.

Discussion

Appellants’ principal argument on appeal is that the arbitrators exceeded their authority in failing to apply the $250,000 limit for “noneconomic losses” imposed by Civil Code section 3333.2, subdivision (b) to the wrongful death “action” determined by arbitration. Though the issue has been briefed by the parties and amicus…