Benjamin-Sohal v. Kaiser Found. Hospitals
Filed 4/7/06 Benjamin-Sohal v. Kaiser Found. Hospitals CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| JASMINE BENJAMIN-SOHAL et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Respondents. | A107893 (Alameda County Super. Ct. No. 2002-062843) |
Plaintiff's elderly and severely disabled mother died of a heart attack after she was discharged from the hospital and then received emergency medical treatment in response to Plaintiff's 911 call. Plaintiff sued the hospital and the emergency response teams for professional negligence and other causes of action. After two years of litigation, the trial court granted summary judgment to the defendants. We affirm.
Factual & Procedural Background
Plaintiff Jasmine Benjamin-Sohal (Plaintiff) filed her lawsuit in pro per in August 2002. The following are the allegations of her third amended complaint, which are relevant to this appeal.
Plaintiff is the adult daughter and surviving heir of decedent Elizabeth E. Benjamin (Patient), who in August 2001 was partially paralyzed and unable to speak.[1] Plaintiff was named Patient's health care agent in a Durable Power of Attorney for Health Care filed with Kaiser Foundation Hospitals (Kaiser) in 1996.
In August 2001, Patient was treated at Kaiser for congestive heart failure and atrial fibrillation. On August 24, Plaintiff participated in a conference call with Patient's case manager at Kaiser and it was decided that Patient needed to be monitored for 24 hours and then would be discharged the morning of August 25. Despite this arrangement, Kaiser had American Medical Response transport Patient to Plaintiff's home on August 24. American Medical Response did not transport Patient directly to Plaintiff's home and the extended time in transit caused Patient emotional distress.
In the early hours of August 26, Patient developed an adverse reaction to medication and Plaintiff could not detect Patient's pulse. Plaintiff attempted cardiopulmonary resuscitation (CPR) and called 911. The Oakland Fire Department responded but failed to prioritize the incident as a Code 3 emergency, which would have required a more rapid response. When the firefighters and American Medical Response paramedics arrived, they were slow to provide medical services to Patient. Patient died that day.
Plaintiff alleges professional negligence against Kaiser for (a) allowing Patient to be discharged August 24 without an attending family member, causing Patient emotional distress and aggravating her heart ailments, and (b) providing negligent medical care, causing Patient's premature death and causing Plaintiff emotional distress. Plaintiff alleges breach of contract claims against Kaiser based on alleged violations of (a) the Admissions Agreement/Consent for Treatment signed by Plaintiff on behalf of Patient in which Kaiser promised to provide competent medical care and to inform Patient and Plaintiff of decisions affecting Patient's medical care, and (b) the Durable Power of Attorney for Health Care, which required Kaiser to inform Plaintiff about all matters related to the treatment of Patient.[2]
As to defendant American Medical Response, Plaintiff alleges professional negligence for (a) their lengthy and indirect transportation of Patient to Plaintiff's home August 24, (b) failing to provide timely medical treatment to Patient on August 26, and (c) falsely stating in a report of the incident that the paramedics arrived to find firefighters performing CPR.
Plaintiff alleges professional negligence by the Oakland Fire Department for (a) failing to prioritize Plaintiff's 911 call as a Code 3 emergency, (b) failing to respond with urgency after arriving at Plaintiff's home, and (c) falsely stating in a report of the incident that American Medical Response personnel arrived to find firefighters performing CPR.
Plaintiff also alleges negligent infliction of mental distress to Plaintiff by the Oakland Fire Department and American Medical Response based on their response to Patient's medical emergency.
Defendants each moved for summary judgment in April 2004. Following a hearing, the court granted all three motions.
Discussion
Summary judgment is appropriate â€
