Patient Wins Judgment in Suit Against Hospital

A Newhall machinist who said he was given poor medical care has won a $209,000 verdict against the Henry Mayo Newhall Memorial Hospital in Valencia, but his attorney said the award might be lost on appeal because it tests new legal ground.

Jose Martinez, 38, sued the hospital in Van Nuys Superior Court, claiming that he lost partial use of his right hand because of improper treatment when he was operated on at the Valencia hospital in September, 1981.

The hospital denied its treatment was incompetent and argued in court that it was not responsible because the operating surgeon, Fernand Daneault of Encino, was not a hospital employee.

‘Independent Contractor’

The surgeon, who had staff privileges, was an “independent contractor,” said Ben Housouer, the hospital’s attorney.

Daneault’s insurance company settled out of court with Martinez for $137,000, said Jerry L. Webb, Martinez’ attorney.

Daneault said in an interview Wednesday that he had urged his insurer not to settle “because there was absolutely nothing wrong with the treatment rendered in this case.” He said Martinez “didn’t deserve one red cent.”

A First in State

Webb said it was the “first case in California successfully tried on the theory that a hospital is responsible for ensuring the competency of its staff.”

Webb said that a recent appellate court decision in another hospital case opened the door somewhat for such verdicts, which hitherto had been routinely struck down on appeal.

But he acknowledged that the case could be lost on appeal, saying, “It’s a pioneering area, and the hospital’s appeal will be a tough fight.”

Housouer said he has recommended that the hospital appeal, but that no decision has been made.

Webb said Martinez had at one point agreed to settle the case for $5,000 but that the hospital had refused.

Martinez testified he went to the hospital after slicing the palm of his hand with a butcher knife while carving meat.

Medical Testimony

Medical experts called by Webb testified that Daneault had improperly reconnected severed tendons in Martinez’ hand and left a nerve unattached.

Martinez said that, despite a second operation, he is in constant pain and has only partial use of the hand.

Sandy Leggett, director of medical staff services at the hospital, said that Daneault voluntarily elected not to renew his staff privileges in 1984.

“It was a non-prejudicial type termination, not something we requested,” she said.

In suing the hospital, Martinez did not seek a specific amount of compensation, asking only for “reasonable damages.” The jury awarded him $346,200, but Judge Diane Wayne reduced that amount to $209,000.