Cushman v. Frankel

This case involves a constitutional challenge to the Medical Malpractice Arbitration Act, MCL 600.5040 et seq.; MSA 27A.5040 et seq. (the act).

On July 9, 1976, plaintiffs decedent, Joan Cushman, was admitted to defendant Providence Hospital. Mrs. Cushman signed an arbitration agreement form that day prior to receiving treatment from defendant Drs. Frankel and Mandeberg. The agreement was not revoked in writing within the 60-day period provided by the terms of the arbitration agreement and by the act. MCL 600.5041(3) *607and (5), 600.5042(3), (4); MSA 27A.5041(3) and (5), 27A.5042(3), (4).

Mrs.…