The Daily

Fla. Supreme Court Allows Early Dismissal of Medical Malpractice Cases

After forty years, Florida courts and the legislature still can’t decide exactly what the rules for medical malpractice should be. Your lawyer needs to appreciate all the potential pitfalls.

“We acknowledged that ‘the Medical Malpractice Act changed the law such that an interlocutory remedy for parties facing claims that fail to satisfy its pre-suit requirements is warranted,’” the court wrote in the rule-change order. “Accordingly, we now amend Florida Rule of Appellate Procedure 9.130(a)(3) to provide for interlocutory review of nonfinal orders that deny a motion to dismiss on the basis of the qualifications of a corroborating witness under subsections 766.102(5)-(9), Florida Statutes.”

Florida Supreme Court Allows Interlocutory Appeals of Pre-Suit Expert Qualifications