PBCBA BAR BULLETINS 0817 PB Bar Bully Sept PRINT - Page 23

Personal Injury Corner
Agreement to Arbitrate in Malpractice Setting
by Ted Babbitt
The Supreme Court of Florida in the
case of Hernandez v. Crespo, 41 Fla. L.
Weekly S625 (Fla. Dec. 22, 2016) reviewed
the decision of the Fifth District Court of
Appeal in Crespo v Hernandez, 151 So. 3d 495 (Fla. 5th DCA
2014) and the decision of the Second District Court of Appeal
in Santiago v Baker, 135 So. 3d 569 (Fla. 2nd DCA 2014).
The underlying facts were that when Mrs. Crespo was 39
weeks pregnant and having contractions she was turned away
from the defendant’s office because she was a few minutes late
and her appointment was scheduled for four days later.