Significant Arbitration Decision by the Florida Supreme Court

Bryan Gowdy, on behalf of the Florida Justice Association (FJA), submitted an amicus curiae brief in support of a patient in a medical malpractice arbitration case of Franks v. Bowers. The amicus brief supported the patient's claim that the form arbitration agreement drafted by his medical provider was void for public policy because it capped the amount of damages below those authorized by the Legislature in the Medical Malpractice Act. The Supreme Court of Florida agreed with the patient and the FJA. Franks v. Bowers, -- So. 3d - (Fla. 2013), 2013 WL 3064807 at *1.