Weeks

Defendants in a medical malpractice action petitioned the court to order arbitration (Code Civ. Proc., § 1281.2). The superior court found the arbitration agreement did not apply to plaintiffs’ action for the wrongful death of their newborn baby and denied the petition. Defendants appeal.

On January 20, 1978, plaintiff Sherry L. Weeks entered Mt. Helix General Hospital for childbirth. She and her husband, plaintiff Larry D. Weeks, signed an agreement providing for arbitration of “‘any dispute as to medical malpractice, that is as to whether any medical services rendered under this contract were unnecessary or unauthorized or were improperly, negligently or incompetently rendered,. . ,’” As required by section 1295, subdivision (b) of the Code of Civil Procedure, the agreement also contains the following notice: “‘By signing this contract you are agreeing to have any issue of medical malpractice decided by neutral arbitration and you are giving up your right to a jury or court trial.’” The contract defines “patient” as “the undersigned patient or dependent of patient (whether or not a minor), or the heirs-at-law or personal representative of patient....” Only Mrs. Weeks…