Nemzin v. Sinai Hospital

This case presents a question concerning the construction of the medical malpractice arbitration act, MCL 600.5040 et seq.; MSA 27A.5040 et seq. Plaintiff was a patient in defendant hospital, and he brought this action to recover damages for injuries allegedly suffered in a fall from a hospital bed. Plaintiff claimed that he was semi-conscious or unconscious at the time of the fall as the result of an operation and that his fall was due to the negligent failure of hospital employees to raise the bed safety rails into position. Plaintiff executed a standard arbitration agreement when he…