Payton v. Weaver

In Payton v. Weaver (1982) 131 Cal.App.3d 38, the court concluded the plaintiff's physician did not improperly terminate the plaintiff's ongoing dialysis treatment for chronic end stage renal disease since the doctor provided the plaintiff with sufficient notice of termination of treatment and gave her a list of other dialysis providers in the area. (Id. at p. 45.) The court also held that the defendant hospital was not required to provide plaintiff with ongoing dialysis treatment because her condition did not constitute an emergency within the meaning of Health & Safety Code section 1317. (Id. at p. 46.) The Payton court noted that "it is unlikely that the Legislature intended to impose upon whatever health care facility such a patient chooses the unqualified obligation to provide continuing preventive care for the patient's lifetime." (Payton, supra, 131 Cal.App.3d at p. 46.)