In a medical malpractice case that stemmed from a man’s death after hernia surgery, the Florida Supreme Court on Thursday tossed out an agreement that would have sent the dispute to arbitration and limited damages.
The 5-2 decision by the Supreme Court in a Duval County case is part of a broader legal debate about arbitration agreements that health providers sometimes ask patients to sign before receiving care.
Such agreements, which also have frequently emerged in recent years in nursing-home cases, typically short-circuit lawsuits from going before juries.
Justices sided with Donna Franks, whose 67-year-old husband, Joseph, died in February 2009 after complications from hernia surgery. Joseph Franks had signed an arbitration agreement with the surgical practice, North Florida Surgeons, but the Supreme Court majority found that the agreement violated the “public policy” of the state because of its differences with medical malpractice laws.
In part, the agreement limited “non-economic damages,’’ such as damages for pain and suffering, to $250,000. Under state law, non-economic damages could be as high as $1 million in the case, according to the majority opinion written by Justice James E.C. Perry and joined by justices Jorge Labarga, R. Fred Lewis, Barbara Pariente and Peggy Quince.
Medical malpractice has long been one of the most contentious issues in the Legislature, with doctors seeking to limit costly lawsuits and plaintiffs’ attorneys arguing that victims’ legal rights are being trampled.