District Court of Appeal of Florida,

First District.

Donna FRANKS, as Personal Representative of the Estate of Joseph James Franks, Sr., Deceased, Appellant,


Gary John BOWERS, M.D., Benjamin M. Piperno, III, M.D., and North Florida Surgeons, P.A., a Florida Corporation, Appellees.


No. 1D10–3078.

March 16, 2011.

Rehearing Denied May 20, 2011.


Background: Personal representative of patient’s estate brought wrongful death and medical negligence action against physicians and medical practice. The Circuit Court, Duval County, James H. Daniel, J., stayed the action and compelled arbitration pursuant to an arbitration provision in a financial agreement between the patient and the medical practice. Personal representative appealed.


Holdings: The District Court of Appeal, Clark, J., held that:

(1) arbitration provision was not contrary to the public policy reflected in the medical negligence statutes, and

(2) arbitration provision was not unconscionable.



Author: 1st District Court of Appeals - FL from 1st District Court of Appeals - FL