Supreme Court won’t adopt medical malpractice rule
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The Supreme Court refused Thursday to adopt a Florida rule reflected in a law that creates restrictions on doctors who can testify during medical malpractice trials, agreeing it would have a chilling effect on the ability to find expert witnesses.
The law was designed to help doctors defend themselves in malpractice cases. Critics said it would make it more difficult for victims to seek compensation for injuries caused by doctors’ mistakes.
In part, the law requires expert witnesses who are called to testify against a defendant doctor to practice the exact same kind of medicine and not just be in similar fields. It also limits judges’ ability to use their discretion to qualify or disqualify expert witnesses in malpractice cases.
Like they did before about the law itself, groups representing doctors and lawyers disagreed on the court’s opinion.
The Florida Bar Board of Governor’s voted 34-5 to recommend the court not amend the Florida Evidence Code to reflect the new law, saying that it was unconstitutional. The court agreed.
Thanks to BRENDAN FARRINGTON and Goerie.com