Florida House of Representatives Approves Medical Malpractice Bill

Florida House of Representatives Approves Medical Malpractice Bill

Last week, Florida’s House of Representatives approved a business-backed bill that will shift the state’s test for the admissibility of expert witness testimony from the Frye standard to the Daubert standard.  Approximately 28 other states and the federal courts use this tougher standard, which critics say would pose a challenge for patients who pursue medical malpractice claims.  According to the Orlando Sentinel, the House passed the Bill with a 77-38 vote and is now awaiting approval from Governor Rick Scott.

The Florida Supreme Court has consistently adhered to the Frye standard, which allows for the admissibility of expert opinions based on whether the principles or techniques presented have gained general acceptance in their particular field.  The new bill, however, places new limits on the kind of expert witness testimony that can be used in a medical malpractice lawsuit.  For instance, the limits imposed by the bill require medical experts to be from the same field as the physician who is being sued.

Critics of H.B. 7065, such as plaintiffs’ attorneys and the Florida Justice Association, argue that the bill creates challenges for malpractice victims to seek justice.  Senator Maria Lorts Sachs explains that the “Daubert standard could have a narrowing effect on a citizen’s access to having a day in court.”  Supporters of the bill, however, insist that the bill will help attract health care professionals to the state and also reduce medical malpractice costs.

A key component of doctor-patient confidentiality might be compromised with the new bill, which includes the adoption of ex parte communications.  According to the Orlando Sentinel, outside communication between “defense lawyers and doctors who are not connected to the lawsuits but who have treated the plaintiffs” can occur without the presence of the plaintiffs’ lawyers.  Although supporters of the bill say that this change could expedite the case, critics are concerned about patient rights to confidentiality.

Barring an unlikely veto from Governor Rick Scott, the new standard will go into effect on July 1.


Frequently Asked Questions

Are Doctors Allowed to Prescribe Opioids to Treat Pain Without Facing Legal Sanctions?
04 mar
Are Doctors Allowed to Prescribe Opioids to Treat Pain Without Facing Legal Sanctions?

Doctors in many states must now follow new guidelines when prescribing opioids for pain relief. Florida, Michigan, and Tennessee are among a growing number of states that are tightening standards on prescriptions for oxycodone (OxyContin®), hydrocodone (Vicodin®), and other well-known opioids. New Regulations for Prescribing Opioids The new laws vary from state to state. In

Read More
Can Patients Sue For Injuries From An Appendectomy?
23 aug
Can Patients Sue For Injuries From An Appendectomy?

While an appendectomy is a routine procedure that is frequently performed, complications can quickly result if a surgical error occurs during the procedure or if the patient’s symptoms of appendicitis are not addressed in a timely manner. Although the appendix is a relatively small organ and does not appear to aid in a particular body

Read More