The Miami Herald reported this week that the Florida Senate approved a modified version of a bill from the House which changes medical malpractice claims and law suits in Florida.
The new law requires that any doctor testifying or submitting an affidavit in a malpractice law suit shall apply for an expert witness certificate.There is an application fee of $50 and allows Florida to discipline out of state doctors.
The law makes it harder for those filing certain malpractice claims by increasing their burden of proof. It indicates that a plaintiff in a medical negligence action for failure to order, perform or administer a supplemental diagnostic test must prove the breach of the standard of care by clear and convincing evidence. This is harder than the burden of proof of preponderance of the evidence.
The law also indicates that a hospital is not responsible for the negligence of a contracted medical provider unless the hospital clearly directs or exercises actual control over the event which caused the injury. The bill goes on to make several other changes and can be viewed at http://www.myfloridahouse.gov/
The medical malpractice laws in Florida are very complicated. If you have any questions regarding a medical malpractice claim , please feel free to contact The Law Office of Ruth E. Johnson for a free consultation at 305 720 2086. We are available 24 hours per day all seven days of the week.