Strong v. Oakwood Hospital Corp.

Plaintiff, the administrator of the estate of Sherie Mae Strong, appeals as of right from dismissal of his lawsuit pursuant to a motion for accelerated judgment in favor of defendants. The motion was grounded on the existence of a valid medical malpractice arbitration agreement pursuant to MCL 600.5040 et seq.; MSA 27A.5040 et seq.

In early December of 1977, Mrs. Strong took her minor child, Sherie Mae, to codefendant Dr. Fitzpatrick, a pediatrician. For the prior two days, the child had exhibited flu-like symptoms of a hacking cough, stomach cramps, and fever. Dr. Fitzpatrick diagnosed…