Featured News 2013 Florida Supreme Court Won’t Adopt Medical Malpractice Rule

Florida Supreme Court Won’t Adopt Medical Malpractice Rule

The Supreme Court refused to adopt a state rule today which would have created restrictions on doctors who can testify during medical malpractice trials. The rule was denied because many agreed that it would have a chilling effect on the ability to find an expert witness to testifying any case. The law was promoted and supported by the Republican Senate President and was signed by the Republican governor of Florida, Rick Scott.

The law was designed to help doctors defend themselves in medical malpractice cases against plaintiffs. While many supported the law, critics said that it would make it more difficult to seek compensation for injuries. Those supporting plaintiffs believed that ultimately, they should have the possibility to seek compensation without laws barring them from this opportunity. The law would have required expert witnesses to testify against a defendant doctor that practice the exact same kind of medicine. This would mean that plaintiffs can't just request witnesses that work in similar fields. This could have made it virtually impossible for some plaintiffs to locate witnesses in their medical malpractice cases.

This is because some doctors that allegedly committed medical malpractice could be specialists and the only person who works specifically in their medicinal area that is located in the state or county. In addition to this, the statute would have limited judges' abilities to use their discretion to qualify or disqualify an expert witness in a medical malpractice case. According to the Florida Medical Association attorneys, the law still stands and the court's opinion is to decline to accept the law as a procedural rule of the court. Attorneys representing hospitals and doctors want the law to be adopted because they hope that it will make it harder for plaintiffs to follow procedure and get the witnesses necessary to win in their case.

The Florida Justice Association believes that the court did the right thing in striking down the law. In fact, a past-president of Florida Justice Association says that the law is completely unconstitutional. The Florida Bar Board of Governors voted 34-5 to recommend the court to not amend the Florida Evidence Code so that it would reflect the new law. The court then agreed with this recommendation and agreed that they would not utilize the witness law.

The laws on expert witnesses vary depending on which state you live in, but almost all states agree that you must have an expert witness when filing a medical malpractice case. In most cases, the judge will actually dismiss the case if there is not a medical expert who will testify. A medical expert can answer essential questions in a medical malpractice case. The jury will need to determine whether or not the doctor who is being sued followed the standard of care that is required for doctors in his or her position.

The expert witness can also determine whether or not the doctor failed to show that standard of care in a way that could result in injury to the patient. If you want more information about medical malpractice, contact an attorney today to learn more. You will want a hardworking local medical malpractice attorney to help you locate the perfect expert witness for your case.

A strong expert witness can make or break a case in most cases. Don't hesitate to contact the firm right away to learn more! With the right lawyer on your side you will be able to seek compensation for your injuries and possibly achieve a satisfactory settlement. Don't hesitate to contact a local firm to learn more!

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