Miller v. Swanson

Does an agreement to arbitrate, drawn pursuant to the provisions of the Malpractice Arbi tration Act, 1 and entered into after a first operation but prior to a second operation, preclude a suit in circuit court against the operating physician for negligence occurring during the first operation? On June 7, 1978, the Circuit Court for Kent County, having answered this question in the affirmative, entered an order staying plaintiff’s suit in circuit court and directed the parties to proceed with arbitration. Plaintiff appeals by leave granted. The question presented is of first impression.

In…