Illinois Supreme Court Finds Photo Evidence of Car Accident Sufficient
January 28, 2019
The Fifth District Court of Appeal in Florida recently found that presuit investigations of malpractice suits must include expert affidavits from experts who specialize in the same field of medicine as the defendant. Two separate cases were before the appeals court alleging surgical malpractice. Plaintiff in one case had submitted affidavits from medical professionals from other fields, but argued that the “same specialty” standard in section 766 of the Florida Medical Malpractice Act was less stringent for presuit investigations. Plaintiff in the second case had argued that his affidavit was valid because it was submitted by a doctor who had performed the same procedure in question. The Court disagreed, affirming dismissal in the first case and remanding the second case back to the lower court with instructions to dismiss.
You can read the Law360 article here.
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