Same Specialty Requirement

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Uncertain Future for the Same-Specialty Law in Florida
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Uncertain Future for the Same-Specialty Law in Florida

    By Alex Stein Florida statute, § 766.102(12) (2012), lays down a strict same-specialty requirement for expert witnesses supporting medical malpractice allegations. Specifically, it provides that “If a physician licensed under chapter 458 or chapter 459 or a dentist licensed under chapter 466 is the party against whom, or on whose behalf, expert testimony about the prevailing…

  • Read more: Medical Malpractice: The “Same Specialty” Requirement in Federal Courts
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    Medical Malpractice: The “Same Specialty” Requirement in Federal Courts

    By Alex Stein Medical malpractice suits reach federal courts through two channels: diversity and the Federal Tort Claims Act (FTCA). The FTCA framework was set up (inter alia) for suits against doctors working at veterans hospitals or another facility operated by the federal government. The diversity framework was designed for parties residing in different states. Under…