Donna Franks v. Gary John Bowers, M.d.

Summary

The court held that the financial agreement's mandatory arbitration provision and $250,000 noneconomic-damages limitation violated the public policy embodied in Florida's Medical Malpractice Act because the agreement imposed the statutory limitation without providing the claimant the statutory benefits, including a defendant's concession of liability. The court further held that the damages limitation was not severable from the arbitration provision and that the Federal Arbitration Act did not preempt this fact-specific application of state law. Justice Pariente specially concurred on the same public-policy rationale, while Justice Canady, joined by Chief Justice Polston, would have dismissed for lack of jurisdiction and upheld the agreement on the merits.