Donna Franks and Estate of Joseph James Franks, Sr. v. Gary John Bowers, M.D., Benjamin M. Piperno, III, M.D., and North Florida Surgeons, P.A., 36 Fla. L. Weekly D572b (Fla. 1DCA 2011)
Florida Personal Injury
Florida Medical Malpractice
In Donna Franks and Estate of Joseph James Franks, Sr. v. Gary John Bowers, M.D., Benjamin M. Piperno III, M.D., and North Florida Surgeons, P.A., 36 Fla. L. Weekly D572b (Fla. 1DCA 2011), the Florida First District Court of Appeal held that an agreement between a patient and a doctor that required arbitration rather than a trial by jury for any disputes or claims was not against the public policy of the State of Florida.
In this case, the patient died after receiving medical care from the doctors and his Estate sought damages against them for wrongful death and medical malpractice. The doctors sought to compel arbitration for the claims arguing that the agreement with the patient required the same. The Estate argued that the agreement required different procedures than those required by Florida Statute 766 which governed medical malpractice claims and therefore the enforcement of the agreement would be against public policy.
The Florida First District Court of Appeal reasoned that the arbitration agreement did not eliminate any statutory rights that a patient would have for making a medical malpractice claim and that it afforded the patient meaningful relief. Likewise, the Appellate Court found that the Estate was unable to show that the agreement was both procedurally and substantively unconscionable to prevent its enforcement.
About the Author: Patrick Russell, Esq. is a Florida personal injury lawyer with Russell Law who helps those who have been injured with their Florida personal injury cases. If you need help or assistance with a Florida Personal Injury claim, do not hesitate to contact us by email .
Related Topics:
- Florida personal injury
- Florida wrongful death
- Florida arbitration agreements
