Arbitration & Mediation

What is a "Medical Expert" Under Florida Medical Negligence Pre-Suit Requirements

By Christopher B. Hopkins, Esq.

In Florida, a plaintiff is required to undertake a good faith investigation of the potential claim and obtain a written opinion from a medical expert before filing suit against a health care provider. The prospective parties are also required to go through a "pre-suit" discovery process according to Florida Statutes, Chapter 766.

The requirements as to who could sign the corroborating affidavit was fairly loose until the statute was revised in 2003. The case of Jeffrey A. Hunt, D.O., P.A. d/b/a The Vein Center of Tampa Bay v. Katrina Huppman clarifies the current post-2003 medical expert requirements (Second District: Silberman, Altenbernd, and Fulmer).

Referencing sections 766.203(2), 766.202(6), and 766.102(5), the court provides essentially a checklist of standards for who can sign a corroborating affidavit:

1. Person duly/regularly engaged in practice of his or her profession;

2. Person has degree in health care;

3. Person is a licensed health care provider;

4. Person satisfies the [case-specific] criteria in 766.102(5).

Full post as published by Florida Arbitration Law on March 15, 2010 (boomark / email).