The Daily

Fla. Justices Say Malpractice Claim Met Expert Qualifications

In the late 1980s, Florida’s legislature passed lots of special rules for medical malpractice cases – hoops to be jumped through before a case can be filed.

These laws, on the books from the time I became a lawyer, spawned warehouses full of legal challenges, appeals, opinions, and related paperwork. Whether the laws accomplished anything more than a lot of spilled ink and labor is unclear.

And I think appellate courts are beginning to tire of hearing these challenges raised by defendants in every med mal case.

In the opinion, the court amended Florida’s appellate procedure rules to allow interlocutory review of non-final orders denying motions to dismiss based on expert witness qualifications.

The case is the University of Florida Board of Trustees et al. v. Carmody, SC2022-0068, before the Supreme Court of Florida.

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