What is the most significant difference between the Women’s Care Florida arbitration agreement and the arbitration provisions that are available under Florida’s statutes that govern medical malpractice claims?
 
 

Florida law, Chapter 766, provides the opportunity through two separate statutes to arbitrate medical malpractice claims where a physician is willing to admit liability.  If a medical malpractice claim is not resolved at the end of the pre-suit screening process by settlement or if a physician is unwilling to admit liability to trigger the arbitration statutes under Florida Statutes 766, the dispute will be resolved by the arbitration agreement.  Therefore, the most significant difference is that under the Women’s Care Florida arbitration agreement, the parties agree to litigate the issue of liability.