A new bill
that would potentially make medical malpractice claims more difficult to litigate has been passed by the Senate. The measure regards requirements for expert witnesses.
Need for Expert Witnesses
Expert witnesses have typically been required for medical malpractice cases. These individuals commonly talk about the standard of care that should have been demonstrated by a doctor or other healthcare provider.
Changes in Expert Witnesses
The proposed bill requires medical malpractice attorneys to use expert witnesses that specialize in the same area of medicine as the providers that they are testifying against. The existing law allows medical malpractice expert witnesses to only have similar specialties.
Controversy Concerning the Bill
Some personal injury attorneys argue that this change would decrease the number of expert witnesses who would be able to provide valuable testimony. They also argue that medical malpractice victims may have a more difficult time of pursuing compensation for their injuries.
Problems with the Existing Laws
A Senate sponsor of the bill argues that the way that medical malpractice cases are currently litigated is flawed. He states that doctors who are not familiar with certain medical fields could be providing inaccurate testimony.
Path of the Bill
The bill is called SB 1792. It has passed the Senate with a vote of 27-12 and is now heading to the house. The House Judiciary Committee omitted the expert witness portion of the bill, which may cause a later debate when the Senate bill makes it to the House. The Senate approved an amendment to the bill regarding another matter that was reached as a compromise and will allow the bill to get closer to passing.
Have You Been a Victim of Medical Malpractice? Our Injury Law Team May be Able to Help.
Medical malpractice cases are complex that often rely on the testimony of qualified medical expert witnesses. If the current measure is passed, these cases could become even more complicated.
If you or a loved one was injured due to the actions of a doctor or other healthcare provider, a Clearwater medical malpractice lawyer may be able to explain the requirements to successfully pursue your claim.
Call Abrahamson & Uiterwyk today at (941)-677-2853 for a free initial consultation and an evaluation based on the specific facts and circumstances of your case.