Smith v. Barclay

This appeal is from an order of the court of common pleas transferring appellee Michael Smith’s action in trespass to the Arbitration Panels for Health Care established under the Pennsylvania Health Care Services Malpractice Act (Act). 1 Appellee’s complaint avers negligence on the part of appellant Barclay and Indiana Hospital. The court below found that it lacked jurisdiction over the matter because section 309 of the Act, 40 P.S. § 1301.309, granted the health care arbitration panels “original exclusive jurisdiction” over medical malpractice claims. Accordingly, by order dated January 31,…