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BARCLAY v. JONES

No. 2 CA-CIV 3439.

127 Ariz. 282 (1980)

619 P.2d 1059

Rebecca BARCLAY, Plaintiff-Appellee, v. William C. JONES, Defendant-Appellee, and National Chiropractic Insurance Co., Intervenor-Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 5, 1980.

Review Denied November 25, 1980.

Attorney(s) appearing for the Case

Miller, Pitt & Feldman, P.C. by Stanley G. Feldman and Grace McIlvain Williams, Tucson, for plaintiff-appellee.

Thikoll, Johnston & Rosen by Dennis A. Rosen, Tucson, for defendant-appellee.

Fish, Briney, Duffield, Miller, Young & Adamson, P.C. by Richard Briney, Tucson, for intervenor-appellant.

OPINION

HATHAWAY, Chief Judge.

The pivotal question in this appeal is whether submission of a medical malpractice action to a medical liability review panel is mandatory under the provisions of A.R.S. Sec. 12-561 et seq., concerning actions relating to health care. If under the circumstances presented here, the question is answered in the affirmative, we need not consider the other questions raised by appellant.

On April 22, 1977, a complaint was filed...

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