Potter v. Yorba Park Medical Group

Filed 6/23/06 Potter v. Yorba Park Medical Group CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, William M. Monroe, Judge. Affirmed.

Nathaniel J. Friedman for Plaintiffs and Appellants.

Lafollette, Johnson, DeHaas, Fesler & Ames, Dennis K. Ames and Michael J. Doubet for Defendant and Respondent.

Diana Potter filed a lawsuit claiming Yorba Park Medical Group, Inc., doing business as St. Joseph Heritage Medical Group (the Medical Group), negligently referred her to an unqualified neurosurgeon knowing he had been subject to disciplinary action by the California Medical Board (CMB) 11 years earlier.^[1] She alleged the surgery and treatment she received for chronic back pain from the neurosurgeon, Donald DeFeo, fell below the standard of care.

The trial court enforced Diana's agreement to arbitrate her dispute with the Medical Group. It severed these issues from her nonarbitrable claims raised against DeFeo and several other medical entities. However, when the matter proceeded to arbitration, the arbitrator determined the dispute was dependent on resolution of the nonarbitrable claims and stayed the arbitration pending the outcome of the action in superior court. After the Potters' multiple attempts to disqualify the arbitrator failed, they settled their trial court claims, and proceeded to arbitrate their dispute with the Medical Group before a three-person arbitration panel. The panel ruled two to one in favor of the Medical Group. The court denied the Potters' motion to vacate the arbitration award. Judgment was entered in favor of the Medical Group.

The Potters maintain the dispute should never have been ordered to arbitration and, alternatively, their motion to vacate should have been granted because one panel member was biased. They seek an award of $10,000, representing the fees paid for unwanted arbitration. They request an order from this court disqualifying the trial judge pursuant to Code of Civil Procedure section 170.1, subdivision (c).^[2] Finding none of their contentions have merit, we affirm the judgment and deny their requests for postjudgment orders. We also deny their motion for sanctions.

I

Background Facts

Diana's medical insurance contracts with St. Jude Hospital Yorba Linda (St. Jude) to provide medical services to its members. St. Jude subcontracts with other groups of physicians and specialists, including the Medical Group. Diana selected a primary care physician in the Medical Group.

In 2003, Diana's physician at the Medical Group referred her to DeFeo, a neurosurgeon found on St. Jude's list of credentialed and approved network of specialists. DeFeo was not employed or affiliated with the Medical Group.

Eleven years earlier, DeFeo faced allegations of gross negligence from the CMB concerning patients he treated from 1983 to 1990. In 1994, DeFeo stipulated to revocation of his medical license on the condition the revocation be stayed and he be placed on five years of probation under certain terms and conditions. In 1999, he completed the probation and his license was fully restored.

In April 2003, DeFeo performed multiple surgical procedures on Diana at Chapman Hospital. In October, she filed a lawsuit against (1) DeFeo for medical malpractice, (2) Chapman Hospital for negligently credentialing and providing DeFeo with surgical privileges, (3) Styker, a medical appliance supply company for providing defective products used in Diana's treatment, (4) St. Jude for failing to adequately investigate DeFeo before approving specialty referrals to him, and (5) the Medical Group for negligently â€