Kosmyna v. Botsford Community Hospital

Defendants appeal by leave granted from the trial court’s order denying their motion to compel arbitration in this medical malpractice action. The trial court held that, although the arbitration agreement between defendants and plaintiff’s decedent was valid and enforceable, defendants had waived their right to arbitration. We affirm the trial court’s result, but for a different reason—we con- elude that the agreement is unenforceable because it does not comply with statutory requirements.

Defendants argue on appeal that the enforceability of the arbitration agreement is a question not…