Legal Opinion · Dissent

Eileen Hernandez, M.D. v. Lualhati Crespo

Supreme Court of Florida

Decided December 22, 2016No. SC15-67Published

1DissentCanady, J.

Because I adhere to my dissenting view in Franks v. Bowers, 116 So.3d 1240 (Fla. 2013), I would quash the decision on review and approve the result reached by *29the Second District in Santiago v. Baker, 135 So.3d 569 (Fla. 2d DCA 2014), on the conflict issue.

As I explained in Bowers:

Nothing in the [Medical Malpractice Act] can be read to support the conclusion that the purpose of the statute is thwarted by voluntary pre-dispute agreements ... designed to limit the cost of litigation and the amount of paid claims. Instead, such voluntary agreements are designed to cure the same mischief that the…

2Cases cited3 opinions

  1. Estate of Michelle Evette McCall v. United StatesSupreme Court of Florida · 2014
  2. Franks v. BowersSupreme Court of Florida · 2013
  3. Santiago v. BakerDistrict Court of Appeal of Florida · 2014

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