Daubert standard rejection for Medical Malpractice cases makes for key future case law in upcoming trials in Florida

Florida Supreme Court Building

The Florida Supreme Court issued an important ruling recently that looks to be turning back scientific evidence admission standards in civil lawsuits to an older, more plaintiff-friendly requirement.

 

In its 4-2 ruling last month, the state’s highest court cited “grave constitutional concerns” as raised by the Florida Bar’s code and rules of evidence committee regarding the more stringent expert testimony admission rules under the Daubert standard that were put in place by the Florida Legislature on July 1, 2013 and endorsed by Governor Rick Scott.

 

The more lenient standard is known as the Frye standard, named after a case in 1923 (Frye v. United States) that was ruled upon by the Court of Appeals of the District of Columbia. The ruling in that case was then adopted throughout the United States and used for the next 70 years. The move to the more stringent Daubert standard happened in 1993 when the U.S. Supreme Court ruled upon the admissibility of expert testimony in the case of Daubert v. Merrell Dow Pharmaceuticals.

 

Currently Republicans hold a majority in the state Legislature and Governor Scott is a Republican, as well. Meanwhile there are 4 Liberal and 3 Conservative leaning judges on the Florida Supreme Court. In this case all 4 Liberal judges voted against the 2013 statute, while 2 of the 3 Conservative judges voted for it while 1 obstained.

 

As was pointed out in several other articles on this ruling, the move by Florida’s Supreme Court here does not definitively resolve the issue. In fact, the court left open the question, to be decided by a “proper case or controversy.” – meaning that it will be decided by a ruling in a future case.

 

At Slinkman, Slinkman, & Wynne, P.A., we know that these types of rulings have a substantial effect on future medical malpractice and other personal injury civil lawsuit cases. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to medical malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you have been injured by a defective product, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

 

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

 

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com. Contact us today for a FREE initial consultation.

 

The following articles were used to help in the writing of this article:

http://www.mscesq.com/wp-content/uploads/sites/317/2017/02/sc16-181.pdf

http://www.hptylaw.com/media-publications-florida-supreme-court-rejects-daubert-statute.html

https://blog.expertpages.com/research-trends/florida-supreme-court-rejects-daubert-rule.htm

http://floridapolitics.com/archives/232254-supreme-court-rejects-daubert

http://www.dailybusinessreview.com/id=1202780342439/Florida-May-Be-Reverting-to-Frye-Standard-for-Admissibility-of-Expert-Testimony?slreturn=20170229213337

http://www.jdsupra.com/legalnews/florida-supreme-court-rejects-daubert-64301/

 

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