As a Florida Med-Mal lawyer I am often asked what the most difficult part of the case is. I believe it is finding expert witnesses that are willing to testify against other doctors. Many are afraid or discouraged by their hospitals, insurance companies or associations.
Florida Statute Section 766.102 requires that any medical negligence case must first be reviewed and certified by an expert witness. Statute Section 766.102 has very specific requirements about who, when and how experts can testify.
The expert must be a licensed health care provider and if the defendant is a specialist, the expert witness must specialize in the same specialty as defendant the doctor and have practiced within the 3 years immediately preceding the date of the malpractice.
This statute poses a tremendous burden on injured patients and their lawyers to find doctors who are qualified and willing to testify, making it very difficult for Florida’s injured patients to get justice.