McKinstry v. Valley Obstetrics-Gynecology Clinic, PC

In our first opinion in this matter, we held that the medical malpractice arbitration act, MCL 600.5040 et seq.; MSA 27A.5040 et seq., was unconstitutional because the statutory agreement form failed to advise patients of the arbitration panel’s statutorily mandated composition. Chief Judge Danhof dissented. 120 Mich App 479; 327 NW2d 507 (1982). In light of Morris v Metriyakool, 418 Mich 423; 344 NW2d 736 (1984), the Supreme Court vacated our judgment and remanded to us to consider plaintiffs’ remaining issues. 419 Mich 873 (1984). The case is now before us following our remand to the trial…