Chiesa v. Fetchko

ORDER

The parties in the instant appeal frame the issues as being whether Section 602 of the Health Care Services Malpractice Act (Act), Act of October 15, 1975, P.L. 390, as amended, 40 P.S. § 1301.602 (Supp.1983-84), applies to medical malpractice cases settled within the exclusive jurisdiction of the common pleas courts. We need not address this issue, however, inasmuch as the arbitration process in the area of medical malpractice has been declared unconstitutional. Heller v. Frankston, 504 Pa. 528, 475 A.2d 1291 (1984); Mattos v. Thompson, 491 Pa. 385, 421 A.2d 190 (1980). The statutory…