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Second District Court of Appeal reverses court order compelling arbitration of medical negligence claims

On February 1, 2017, in DiLorenzo v. Lam, No. 2D15-2122, the Second DCA reversed a lower court's order compelling arbitration of the plaintiff's medical negligence claims. The Second DCA held that the arbitration agreement was unenforceable because it sought to take advantage of the arbitration provisions under the Florida Medical Malpractice Act (Chapter 766) without also adopting the concession of liability provision of the Act , the same defect which prompted the Florida Supreme Court to strike down a similar arbitration agreement in Franks v. Bowers, 116 So. 3d 1240, 1248 (Fla. 2013).

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