(dissenting). For the reasons stated by Judge Bashara in Brown v Siang, 109 Mich App 91; 309 NW2d 575 (1981), I disagree with the majority’s finding that the medical malpractice arbitration act is unconstitutional.
With respect to the individual claims of plaintiff Clarence Strong, Jr., I am not persuaded that the *153lower court erred in granting defendants’ motions for accelerated judgment. Pursuant to the provisions of MCL 600.5805(4); MSA 27A.5805(4), "the period of limitations is 2 years for an action charging malpractice”. A claim for malpractice accrues at the time that a physician "discontinues treating or otherwise serving the plaintiff in a professional or pseudo-professional capacity as to the matters out of which the claim for malpractice arose, regardless of the time the plaintiff discovers or otherwise has knowledge of the claim”. MCL 600.5838(1); MSA 27A.5838(1). Subsection 2 of § 5838 further provides that a claim based upon malpractice may be brought at any time within the period of limitations set forth in § 5805 or "within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later”.
Plaintiff Clarence Strong, Jr., argues that defendant Bullard fraudulently concealed the alleged malpractice in this case by arranging for Tracy’s treatment at no charge, by telling plaintiffs that an attorney was not needed and by telling them that Tracy would have no permanent scarring. Plaintiff Clarence Strong, Jr., contends, therefore, that the fraudulent concealment statute, MCL 600.5855; MSA 27A.5855, tolled the running of the limitations period for the present malpractice action.
After a careful examination of the lower court record, I fail to find where plaintiff Clarence Strong, Jr., raised this argument below. Therefore, this issue has not been preserved for review. Penner v Seaway Hospital, 102 Mich App 697; 302 NW2d 285 (1981). I parenthetically note, however, that I am not persuaded by the merits of this argument in any event. The record clearly estab*154lishes that defendants’ alleged malpractice occurred on the date of the adenoid operation. Plaintiff Clarence Strong, Jr., should have been aware of the purported negligence at that time or should have been aware of it at least no later than the date that defendant Bullard began treating Tracy at no charge. Sheldon v Sisters of Mercy Health Corp, 102 Mich App 91; 300 NW2d 746 (1980). Therefore, the lower court did not err in granting defendants’ motions for accelerated judgment with respect to the claims of plaintifff Clarence Strong, Jr.