In Franks v. Bowers, a landmark decision involving medical malpractice arbitration provisions, the Florida Supreme Court struck down a medical malpractice arbitration provision that differed substantially from Florida’s statutory arbitration provision and violated public policy.

The case involved the wrongful death of Joseph Franks, a patient of Gary Bowers at North Florida Surgeons P.A. in Jacksonville. The physicians at North Florida required their patients to sign arbitration provisions before the physicians would agree to provide health care.

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