Wood

Wood v. Riverside General Hospital

Good Law
1994 Cal. App. LEXIS 568·25 Cal. App. 4th 1113·31 Cal. Rptr. 2d 8·31 Cal. Rptr. 8·94 Daily Journal DAR 7776
Court of Appeal of CaliforniaMay 11, 1994G013623California2,135 words

Opinion

Opinion

Rylaarsdam, J.

Thomas Wood commenced this action on May 10, 1989. Respondent Riverside County answered and eventually was granted summary judgment predicated upon the failure of Wood to present a claim for damages before filing the action as required by Government Code section 911.2. Wood argues that a “Patient Problem/Complaint Form” submitted to the hospital’s quality assurance department on June 20, 1988, together with a “Supplemental Note” dated June 29, both complaining about the quality of his care constituted substantial compliance with the claims statute. We disagree.

Following an automobile accident on May 11, 1988, plaintiff was confined to Riverside General Hospital. His complaint alleges medical malpractice and related causes of action. It is undisputed that Riverside General Hospital was owned and operated by the County of Riverside and is entitled to the benefits of the claims provisions of the Tort Claims Act (Gov. Code, § 900 et seq.).

While Wood was still hospitalized, his mother submitted a written communication to the hospital on his behalf, reciting in great detail numerous items of mistreatment. The first two pages of this document, dated June 20, 1988, consist of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.