Brown v. Considine

On July 18, 1978, plaintiffs filed a complaint against defendants in the Wayne County Circuit Court alleging malpractice arising in the course of outpatient radiation therapy treatments received by plaintiff, Bernice Brown. Defendants filed a motion for accelerated judgment on the basis that Mrs. Brown had executed an agreement to arbitrate in accordance with Michigan’s medical malpractice arbitration act, MCL 600.5040 et seq.; MSA 27A.5040 et seq. The lower court held that the malpractice arbitration statute was constitutional and the contract recognized therein did not constitute a contract…