Gallagher v. Caliguiri

Appellants filed an action in the Court of Common Pleas of Allegheny County alleging inter alia medical malpractice. Appellee filed preliminary objections to the complaint requesting its dismissal, based on the assertion that the Health Care Service Malpractice Act 1 requires that all cases involving losses to the patient as the result of medical malpractice be filed with the Arbitration Panel for Health Care and not the courts of common pleas. Appellants thereafter requested the transfer of the case to the Arbitration Panel in lieu of dismissal. The court granted the appellee’s preliminary…