Baxter v. Superior Court of Los Angeles County

19 Cal. 3d 461, 138 Cal. Rptr. 315, 563 P.2d 871 (1977)

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Baxter v. Superior Court of Los Angeles County

California Supreme Court
19 Cal. 3d 461, 138 Cal. Rptr. 315, 563 P.2d 871 (1977)

SH

Facts

At age 16, Andre Baxter underwent general anesthesia at Huntington Memorial Hospital in preparation for a diagnostic procedure and possible surgery. Due to complications, he was comatose for four months and 14 neurosurgeries were performed on him. When he woke, he was the mental equivalent of a three-year-old child. He was also blind, hearing impaired, and partially paralyzed. Andre and his parents (plaintiffs) sued the hospital and attending doctors (defendants). Andre’s parents sought damages for the loss of his support, comfort, protection, society, and pleasure (i.e., loss of consortium). The trial court sustained demurrers from several of the defendants on the loss-of-consortium claim, and the court of appeal denied relief to Andre’s parents. Andre’s parents appealed to the California Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Tobriner, C.J.)

Dissent (Mosk, J.)

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