TITLE

MEDICAL MALPRACTICE--MICHIGAN--MCLA §600.5040 ET SEQ.--CONSTITUTIONALITY--ARBITRATOR BIAS--CONTRACT OF ADHESION

PUB. DATE
December 1977
SOURCE
Arbitration Journal;Dec77, Vol. 32 Issue 4, p298
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
This article presents the decision by a Michigan court on the case of Pipper v. DiMusto & Saint Joseph's Hospital of Mount Clemens, Michigan. The court held that the Michigan Medical Arbitration Act is constitutional. The plaintiff's primary challenge was of the statute, which permits a doctor to sit as one of the three arbitrators. The plaintiff argued that no physician could sit as neutrals because they act only as adversaries, and that their participation robbed the panel of its impartiality. The court reviewing the statute concluded that the arbitration provided for was "voluntary, not a prerequisite to health care and revocable." It was not a contract of adhesion; the arbitrators are selected from a pool governed by statute and the parties have an opportunity to challenge an arbitrator.
ACCESSION #
17326831

 

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