An attempt to challenge the constitutionality and “organicity” of the Medical Mandatory Arbitration Act has been shot down by the Superior Court of Guam which upheld Guam law regarding the arbitration of claims of medical malpractice.
The complaint involves the Seventh Day Adventist clinic and the wrongful death case of five-year-old Asher Lubofsky who passed away on October 31, 2018.
His parents David Lubofsky and Christine Simbahan filed a medical malpractice claim in May 2019, stating that their son’s death was a result of SDA’s negligence in providing medical treatment.
Their claim falls under the MMMAA arbitration being a costly endeavor, the parents argued that the law infringes on their right of free access to the courts.
But in a decision by Superior Court Judge Arthur Barcinas, it was determined that the arbitration law is not unconstitutional nor does it infringe on the plaintiff’s rights.
Siding with SDA, Barcinas found that no violations of fundamental rights occurred as it pertains to the right of free access to courts stating, “the Court finds the MMMAA constitutional and organic both facially and as applied. Accordingly, the Plaintiffs’ Motion for Declaratory Judgment and Permanent Injunction is DENIED.”
The judge further granted SDA’s request for a stay pending arbitration in accordance with the Act.