Legal Opinion

Franks v. Bowers

Supreme Court of Florida

Decided June 20, 2013No. SC11-1258PublishedCited by 18 opinions

1Opinion of the CourtPerry, J.

Joseph Franks sought medical treatment from Dr. Gary John Bowers and North Florida Surgeons, P.A. (NFS). Subsequently, Joseph suffered a large re-troperitoneal hematoma at the operative site due to the external iliac vein being lacerated during surgery. He remained hospitalized until his death. Joseph’s wife, Donna Franks, filed a complaint against Bowers and NFS for medical malpractice resulting in wrongful death. Bowers and NFS moved to compel arbitration based on the Financial Agreement signed by Joseph prior to his surgery. The trial court entered the order, compelling arbitration, “with…

2Cases cited15 opinions

  1. Volt Info. Sciences, Inc. v. Bd. of Trustees of Leland Stanford Jr. U.Supreme Court of the United States · 1989
  2. Mullis v. State Farm Mutual Automobile Insurance Co.Supreme Court of Florida · 1971
  3. Powertel, Inc. v. BexleyDistrict Court of Appeal of Florida · 1999
  4. Aills v. BoemiSupreme Court of Florida · 2010
  5. Shotts v. OP Winter Haven, Inc.Supreme Court of Florida · 2011

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3Cited by18 opinions

  1. FI-Evergreen Woods, LLC v. Estate of VrastilDistrict Court of Appeal of Florida · 2013
  2. Santiago v. BakerDistrict Court of Appeal of Florida · 2014
  3. Eileen Hernandez, M.D. v. Lualhati CrespoSupreme Court of Florida · 2016
  4. Crespo v. HernandezDistrict Court of Appeal of Florida · 2014
  5. Doris E. Young, Administratrix v. Gary Douglas YoungWest Virginia Supreme Court · 2017

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