David Parker Et Al. v. Childrens Hospital Philadelphia

We are here presented with consolidated cases which present the question of the constitutionality of the compulsory arbitration provisions of the Pennsylvania Health Care Services Malpractice Act (hereinafter referred to as the "Act"), Act of October 15, 1975, P.L. 390, No. 111, ? 101 et seq., 40 P.S. ? 1301.101 et seq. (Supp.1977). This Act provides that all claims for malpractice against doctors of medicine, osteopathy, and podiatry, as well as hospitals, nursing homes, health maintenance organizations and their officers, employees or agents must, in the first instance, be submitted to arbitration before access to the courts is permitted. In an effort to challenge the validity of the Act, appellants, David and Lether Parker, Jorge Garcia and Leonard Bost, Jr. instituted three separate malpractice actions in the Court of Common Pleas of Philadelphia County. Preliminary objections raising the jurisdictional question were filed by all defendants. In response thereto, appellants asserted that the arbitration provisions of the Malpractice Act were unconstitutional on several grounds.