exec@brevardcms.org (321) 632-8481

Pre-Treatment Arbitration Agreements

WHEREAS, Recent Florida Supreme Court opinions have struck down certain types of pre-treatment arbitration agreement (SC 15-67) and statutory caps on medical malpractice awards (SC 15-1858).

WHEREAS, FMA public policies 283.004 and 283.020 support the concept and use of pre-treatment arbitration agreements.

WHEREAS, While a legislative or constitutional cure for these ruling would be ideal, no cure is imminent.

WHEREAS, Many physicians and practices currently use pre-treatment agreements that address issues of binding arbitration, caps on non-economic damages, and selection of expert witnesses which may now be deemed unconstitutional.

WHEREAS, The FMA, along with constitutional law experts and medical malpractice insurance underwriters, are best positioned to serve as the authority for pre-treatment arbitration agreements for Florida physicians.

RESOLVED, That the FMA, in consultation with constitutional law experts and medical malpractice insurance underwriters, develop a pre-treatment arbitration agreement in consideration of the recent Florida Supreme Court opinions.

RESOLVED, That the FMA offer this pre-treatment arbitration agreement available for download on the FMA website to all members for free or a nominal charge as a membership benefit.

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