Hendrickson v. Moghissi

Plaintiffs appeal as of right from an order of accelerated judgment entered March 22, 1985. The trial court concluded that it was without subject matter jurisdiction to entertain this controversy in light of a binding medical malpractice arbitration agreement signed by plaintiff Brenda Hendrickson. We do not agree with the trial court’s jurisdictional analysis and we remand for further consideration in light of this opinion.

Plaintiffs filed this action on October 4, 1982, alleging that on August 5, 1981, defendant Moghissi had negligently performed a dilatation and curettage (d & c) procedure…