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Jean Mary Wright (P) sought to recover damages from Ds for personal injuries suffered. P sought a declaratory judgment that sections 58.2 through 58.10 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, pars. 58.2 through 58.10), section 21.1 of the Limitations Act (Ill. Rev. Stat. 1975, ch. 83, par. 22.1), and section 4 of Public Act 79 -- 960 (Ill. Rev. Stat. 1975, ch. 70, par. 101) were unconstitutional. The court entered a declaratory judgment holding sections 58.2 through 58.10 of the Civil Practice Act and section 4 of Public Act 79 -- 960 (Ill. Rev. Stat. 1975, ch. 70, par. 101) invalid and found that there was no just reason to delay enforcement [or appeal. Ds appealed. The case was consolidated with another. Section 4 of the Act limited the maximum amount recoverable on account of injuries by reason of medical, hospital, or other healing art malpractice to $500,000. Section 58.3 requires the circuit court, 'no sooner than 120 days nor later than one year after the parties are at issue on the pleadings,' to order the convening of 'a medical review panel to which the case shall be assigned for hearing and determination.' The medical review panel is to consist of one circuit judge, one practicing physician, and one practicing attorney. Section 58.8 governs the effect of a decision of the panel. If the parties agree in writing to be bound by the determination of the panel, its decision is binding and conclusive, and judgment may be entered thereon. If the parties do not agree to be bound by the panel's determination and the panel's decision is unanimous, a party must reject the decision in writing within 28 days of receipt of service of the written opinion or be deemed to have accepted it. The circuit court found the legislation concerning the medical review panels constitutionally defective for a number of reasons, but mostly because it 'vests essentially judicial functions in nonjudicial personnel.”

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