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.