Oct. 2018 Decision by Florida Supreme Court Maintains Admissibility Standard for Expert Testimony
On October 15, 2018, the Supreme Court of Florida refused to adopt changes made to the Florida Evidence Code in 2013, which attempted to require Florida courts to use a much more restrictive and costly standard for determining the admissibility of expert testimony. This decision repeals the Daubert Amendment and solidifies the Frye standard as the controlling law, which means that Floridians will see less restrictive and less costly barriers to presenting expert testimony that must be generally accepted by members of the related scientific community.
In her concurring opinion, Justice Pariente states the importance of Florida’s re-adoption of the Frye standard. She explains her concerns regarding the Daubert Amendment’s potentially unconstitutional restrictions on “civil litigants’ right to access the courts” and the negative effects of excluding expert testimonies that may be legitimate but potentially less valuable.
Impact on Pending Cases in Florida Trial Courts
Persons whose cases are pending in trial courts and whose expert witnesses or opinions have been excluded due to the restrictions of the Daubert standard may seek redress and appeal to have this exclusion reconsidered. This can play in favor of persons whose cases rest on valuable expert testimony that presents viewpoints which are important but may not meet the standard for general acceptedness.
Medical Malpractice Attorney Serving Clients Throughout Florida
You may be able to appeal to have your case re-tried if your medical malpractice case was decided after February 2013 and before October 15, 2018 and the result was negatively impacted by exclusion of expert testimony based on the Daubert standard. If you are interested in exploring the potential positive impacts of seeking redress in a Florida court, call Rash Mueller today and speak with our Florida medical malpractice attorney. We have tried thousands of medical malpractice cases involving standards set forth by judicial precedent and decisions made by the Supreme Court of Florida. As a result, we understand how Florida courts function and we may be able to help you achieve a new, better outcome in your case.
Call (954) 914-7116 today or email us to schedule a consultation.