By Alexa D. Jeacoma, J.D.
On March 4, 2026, the Florida Fourth District Court of Appeals reinforced the enforceability of arbitration clauses in healthcare employment contracts.
The appellate court reversed a trial court ruling that had refused to require arbitration in a lawsuit. The suit in the lower court was brought by physician Dr. Kenneth Konsker against Florida Woman Care, LLC, and related defendants. Dr. Konsker, a co-founder of the women’s healthcare network, alleged defamation, tortious interference, and other claims following his termination from the organization.
The Defendant Health Network and Dr. Konsker.
Florida Woman Care operates a network of women’s healthcare centers throughout Florida. Dr. Konsker helped establish the organization in 2009 and later sold his ownership interest during a 2017 private equity restructuring. In addition to serving as a co-founder, Dr. Konsker also worked as an obstetrician-gynecologist at Florida Woman Care. Dr. Konsker had a written contract with Florida Woman Care. There was also a separate contract with a management services organization (MSO). All of the contracts contained clauses requiring the mandatory arbitration of any disputes.
Around the same time as the restructuring in 2017, Florida Woman Care’s nonprofessional assets were sold to Unified Women’s Healthcare LP, a different business entity.
Allegations Made by Dr. Konsker of Facts Leading to His Termination.
Five years after the restructuring, Dr. Konsker claimed that Florida Woman Care and United Women’s Healthcare’s leadership attempted to orchestrate his termination by underfunding his practice and initiating a baseless HR investigation against him. Dr. Konsker claimed that these companies terminated him without cause.
Post-Termination Conduct.
Dr. Konsker further claimed that after his termination, Florida Woman Care’s employees made defamatory statements about him to his patients and colleagues, interfered with his ability to communicate with his own patients, and misappropriated funds from his profit-share account.
Further Details of the Lawsuit Filed By Dr. Konsker.
Dr. Konsker filed his suit against Florida Woman Care, Unified Women’s Healthcare, and several individual defendants, asserting defamation, tortious interference, and several other claims. The Defendants moved to compel arbitration based on arbitration clauses in both Dr. Konsker’s employment agreement and a related management services agreement (MSA).
Dr. Konsker argued that he was not bound by the arbitration provision in the management services agreement because he was not individually a party to that contract.
Appellate Court Finds Arbitration is Required.
The Florida Fourth District Court of Appeals held that Dr. Konsker was bound to the arbitration clause in the management services agreement. Dr. Konsker was a party to the asset purchase agreement, which expressly incorporated the management services agreement.
The Fourth District held that the dispute must proceed to arbitration. Both agreements incorporated arbitration rules from the American Health Lawyers Association (AHLA) and the American Arbitration Association, which expressly authorize arbitrators to decide issues of arbitrability.
Appellate Court Holds That Pursuant to the Contracts’ Wording, the Arbitrator Must Decide Arbitrability.
The Fourth District concluded that the trial judge lacked authority to decide whether the claims were subject to arbitration. Because the parties agreed to arbitrate under AHLA rules in the employment agreement and the American Arbitration Association rules in the management services agreement, Dr. Konsker and Florida Woman’s Care “clearly and unmistakably” agreed to delegate all questions of whether arbitration was actually required under these circumstances to the arbitrator.
Contact a Health Care Attorney Experienced in Negotiating and Evaluating Physician and Health Professional’s Business Transactions.
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Sources:
Bolado, Carolina. “Doctor’s Firing Dispute Belongs in Arbitration, Fla. Court Says”. Law360. (March 4, 2026). Web.
About the Author: Alexa D. Jeacoma, practices health law with The Health Law Firm in its Altamonte Springs, Florida, office. Its main office is in Orlando, Florida, area. www.TheHealthLawFirm.com. The Health Law Firm, 1101 Douglas Avenue, Suite 1000, Altamonte Springs, FL 32714, Phone: (407) 331-6620 or toll-free: (888) 331-6620.
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