Articles Posted in Medical Malpractice

In a recent opinion by the District Court of Appeals of Florida, Third Circuit, the court reversed a decision by an arbitrator and send the case back for a rehearing because the arbitrator did not properly calculate the damages the plaintiff was eligible for.

Background: What Is an Arbitration Agreement?

An arbitration agreement is a legally binding contract between two or more parties that agree not to go to court, but to instead submit their dispute to a neutral, third-party arbiter. Generally speaking, when a valid arbitration agreement is signed, both parties give up their right to take the case to court. However, when the arbiter makes a mistake of law, then that error—not the decision—may be appealable to a court of appeals.