St. Francis Medical Center v. Superior Court

On July 5, 1985, Cynthia Patterson died while giving birth to her third child at St. Francis Medical Center. The plaintiffs in this case are Cynthia Patterson’s three minor children (La Mega Traylor, Odessa Battle, and Timothy Brown), and her mother, Ruth Patterson (real party), who is also guardian ad litem for the children. Defendants (petitioners herein) are the St. Francis Medical Center, Patrick Chavis, M.D., and Hubert L. Hemsley, M.D.

In this original proceeding, defendants seek a writ of mandate directing the respondent court to sustain, without leave to amend, the demurrer of St. Francis Hospital to the first amended complaint, and to grant Drs. Chavis and Hemsley a judgment on the pleadings. The issue is whether plaintiff, on her own behalf, may recover on a negligence theory economic damages she suffered and expenses she incurred by quitting her job to care for the children. We hold that she may not.

This case was originally filed as a wrongful death action on behalf of all plaintiffs. St. Francis filed a motion for summary judgment, in which the other defendants joined, on the ground that plaintiff could not maintain a cause of action for wrongful death…