McCloy v. Dorfman

In this medical malpractice action the trial court granted defendant Dorfman’s motion for accelerated judgment on the basis of lack of jurisdiction because plaintiff Barbara McCloy (hereinafter plaintiff) had signed arbitration agreements with both Dorfman and Sisters of Mercy Health Corporation. Plaintiffs motion for rehearing was granted but the trial court affirmed its order of accelerated judgment. Plaintiff appeals by right.

Plaintiff first argues that the malpractice arbitration act, MCL 600.5040 et seq.; MSA 27A.5040 et seq., is unconstitutional because the makeup of the arbitration…