Chiesa v. Fetchko

475 A.2d 740, 504 Pa. 503, 1984 Pa. LEXIS 262

Opinions

ORDER

PER CURIAM.

The parties in the instant appeal frame the issues as being whether Section 602 of the Health Care Services Malpractice Act (Act), Act of October 15, 1975, P.L. 390, as amended, 40 P.S. § 1301.602 (Supp.1983-84), applies to medical malpractice cases settled within the exclusive jurisdiction of the common pleas courts. We need not address this issue, however, inasmuch as the arbitration process in the area of medical malpractice has been declared unconstitutional. Heller v. Frankston, 504 Pa. 528, 475 A.2d 1291 (1984); Mattos v. Thompson, 491 Pa. 385, 421 A.2d 190 (1980). The statutory section in question, entitled “Reduction of award by other benefits,” is no longer viable. Heller v. Frankston, supra; Mattos v. Thompson, supra.

Accordingly, the Order of the Superior Court is hereby affirmed.

HUTCHINSON, J., filed a dissenting opinion. PAPADAKOS, J., did not participate in this case.