Bailey v. Woel

Raine, J., delivered the opinion of the Court. On October 5, 1979 the appellants filed a malpractice claim with the Health Claims Arbitration Office. On February 1, 1982 a panel was convened to hear testimony ⁴⁸⁹ and the parties and counsel were present. However, without stating any reason the appellants knowingly and voluntarily declined to present any testimony to the panel.

Whereupon, after extensive discussion, the panel ruled that the claim would be dismissed and on March 12, 1982 an Order was passed dismissing the claim. On April 22, 1982, the appellants, pursuant to Rule BY1 filed a Petition to Nullify an award, coupled with a statement of claim and a prayer for jury trial. One of the health care providers (a hospital) filed a Motion Ne Recipiatur; the other (a doctor) filed a Motion Raising a Preliminary Objection. The Motion Ne Recipiatur was based on the fact that the arbitration panel was still considering a petition for the allowance of costs and counsel fees filed by the health care providers and that the appellants’ Petition to Nullify was premature.

The Motion Raising a Preliminary Objection rested on the contention that a claimant cannot circumvent the arbitration process by withholding testimony, thereby preventing the