Harris

This proceeding presents the unusual situation of a plaintiff seeking to compel arbitration of a medical malpractice claim over the defendant physician’s objection that he prefers trial by jury. Petitioners seek a writ of mandate directing the trial court to compel the physician to participate in binding arbitration.

Petitioners, a mother and daughter, filed the underlying malpractice action in superior court against a physician (Dr. Mirsaidi), a hospital corporation (Maxicare Medical Centers, Inc.), and a second corporation (Maxi-care Health Plans, Inc.) which is the holding company of the hospital corporation and of another corporation (Maxicare) licensed in California to arrange the delivery of prepaid health care services to members. Maxicare was not named as a defendant; neither was Hawthorne Community Medical Group, Inc. (hereinafter Hawthorne), the professional corporation through which Dr. Mirsaidi practiced. The complaint alleges negligence before and during the daughter’s birth, resulting in personal injuries.

Plaintiffs were enrollees in the Maxicare prepaid health services program, as a benefit of the father’s employment. At the time of enrollment, he was…