Wrongful Death
Medical Malpractice – Wrongful Death. Is an arbitration clause in a doctor-patient financial agreement which required all disputes relating to diagnosis, treatment, or care of patient be resolved by arbitration, limited non-economic damages and required compliance with the presuit notice requirements contrary to the public policy embodied in Chapter 766? Franks v. Bowers, No. SC11-1258 (review granted Nov. 8, 2011). DCA decision: 62 So. 3d 16 (Fla. 1st DCA 2011). Status: briefing complete, Oral Argument scheduled for June 5, 2012.
Statute of Limitation. Is a wrongful death action barred by the statute of limitation because any personal injury action abated upon death of the decedent, and a separate wrongful death action was not filed prior to the expiration of the two-year statute of limitation for that cause of action? Capone v. Philip Morris USA, Inc., No. SC11-849 (review granted Oct. 17, 2011). DCA decision: 56 So. 3d 34 (Fla. 3d DCA 2010). Status: briefing; Oral Argument scheduled for June 5, 2012.
Nursing Homes – Arbitration Clause. Question Certified: Does the execution of a nursing home arbitration agreement by a party with the capacity to contract, bind the patient’s estate and statutory heirs in a subsequent wrongful death action arising from an alleged tort within the scope of an otherwise valid arbitration agreement? Laizure v. Avante at Leesburg, Inc., No. SC10-2132 (review granted Dec. 14, 2010). DCA decision: 44 So. 3d 1254 (Fla. 5th DCA 2010). Status: briefing complete; no Oral Argument.
