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FRANKS v. BOWERS

No. SC11-1258.

116 So.3d 1240 (2013)

Donna FRANKS, etc., Petitioner, v. Gary John BOWERS, M.D., et al., Respondents.

Supreme Court of Florida.

June 20, 2013.

Attorney(s) appearing for the Case

Thomas S. Edwards and Eric C. Ragatz of Edwards & Ragatz, P.A., Jacksonville, FL, for Petitioner.

Kelly B. Mathis and Laurie M. Lee of Mathis & Murphy, P.A., Jacksonville, FL, for Respondents.

Bryan S. Gowdy of Creed & Gowdy, P.A., Jacksonville, FL, for Amicus Curiae Florida Justice Association.

Cynthia S. Tunniclif and Gerald Don Nelson Bryant IV of Pennington, Moore, Wilkinson, Bell & Dunbar, P.A., Tallahassee, FL, for Amici Curiae Florida Justice Reform Institute, Florida Medical Association, and Florida Osteopathic Medical Association.

PERRY, J.

Joseph Franks sought medical treatment from Dr. Gary John Bowers and North Florida Surgeons, P.A. (NFS). Subsequently, Joseph suffered a large retroperitoneal 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...

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