Robichaux v. Group Hospital Service, Inc., of Kansas City

• Decision Date: 01 June 1964
• Docket Number: No. 23973,23973
• Citation: 379 S.W.2d 874
• Parties: Eugene B. ROBICHAUX, Administrator of the Estate of Clara B. Bissell, Plaintiff-Appellant, v. GROUP HOSPITAL SERVICE, INC., OF KANSAS CITY, Defendant-Respondent.
• Court: Missouri Court of Appeals

Page 874

379 S.W.2d 874

Eugene B. ROBICHAUX, Administrator of the Estate of Clara B.

Bissell, Plaintiff-Appellant, v. GROUP HOSPITAL SERVICE, INC., OF KANSAS CITY, Defendant-Respondent.

No. 23973.

Kansas City Court of Appeals, Missouri.

June 1, 1964.

Thaine Q. Blumer, Blumer & Wright, Kansas City, for appellant.

Max O. Bagby, Harry L. Thomas, Kansas City, for respondent.

SPERRY, Commissioner.

This suit was filed by the administrator of the estate of Mrs. Clara Bissell, deceased, against defendant Corporation, commonly known as 'Blue Cross'. Plaintiff seeks recovery of $979.55, paid to the Excelsior Springs (Mo.) Hospital, hereafter referred to as hospital, for services rendered deceased and for which it is claimed defendant should have paid under the terms of its 'agreement' issued to deceased. Trial was to the Court. Judgment was for defendant and plaintiff appeals.

Defendant offered no evidence. The facts are that plaintiff was the grandson of deceased; that he was also her physician; that deceased entered the hospital, as a regular patient, in 1955, for an 'acute' illness; that, after a time, she was transferred from regular service, rendered to patients suffering from an 'acute' illness, to a nursing service, rendered to 'chronic' patients, under a special contract between plaintiff and the hospital, whereby the agreed charge for the service was $300.00 per month; that the hospital maintained two separate services, one for those acutely ill and one for those requiring nursing care only; that, from that time until the date of her death, March 30, 1960, she was never discharged from the hospital, never left it except for a few hours; that she was, from time to time transferred, on the books of the hospital, from 'acute' to 'chronic', and from 'chronic' to 'acute'. Plaintiff alleged deceased was transferred to 'acute' on January 1, 1958, where she remained until March 30, 1958; that she was again transferred to 'acute' August 1, 1958 and remained there until October 20, 1958; that she was transferred to 'acute' care March 13, 1959, and transferred to 'chronic' May 22, 1959. This suit is based on the last mentioned period, for hospitalization services rendered to deceased while under 'acute' care.

There was in evidence an instrument titled 'Standard Membership Agreement', in which was set forth the terms of the contract between deceased and defendant. Under section 2 of 'Terms and Conditions of the Agreement ..... Hospital Services and Benefits', there appears the following:

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'1. IN-PATIENTS: A member, when confined in a member hospital for necessary bed-patient care, other than routine nursery care of the newborn, is entitled to the following:

'a. NUMBER OF DAYS OF SERVICE: Each member shall be entitled to a maximum period of 70 days of care in member hospitals at full benefits for each continuous period of hospital confinement, or for successive periods of hospital confinement separated by less than 90 days. Such member will again be entitled to like benefit periods only when there has been a lapse of at least 90 days between the date of last discharge from any hospital and the date of...