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The Florida Supreme Court has rejected written arbitration agreements in medical malpractice cases.
he Florida Supreme Court has rejected written arbitration agreements in medical malpractice cases.In the case of DONNA FRANKS, vs. GARY JOHN BOWERS, M.D.,
The Supreme Court declared the only legal arbitration scheme for medical malpractice cases is contained in in chapter 766, Florida Statutes. Written arbitration agreements which impose additional terms, conditions or limitations run against this statutory scheme are void and unenforceable.
Of particular interest is the cap on damages provided by the statutory scheme. In this case, the written cap was less than the statutory cap and seems to be at the heart of the Courts decision.
Court watchers are looking carefully at this decision in anticipation of the Courts decision on the overall caps, which many believe will be held unconstitutional.
The decision can be found here :Franks v Bowers