Valenzuela Law Firm, PA | Trial Attorney
Attorney Henry E. Valenzuela

New Supreme Court rule changes procedure for medical malpractice trials

On Behalf of | Jul 20, 2023 | Medical Malpractice

Medical malpractice lawsuits can be incredibly complex processes. Claims involve highly technical medical terms, and because much money is at stake the health care professional accused of malpractice will fight tooth and nail against the allegations.

But a new rule could make the process even more complicated.

The Florida Supreme Court earlier this month changed the rules governing the appellate procedure. Before the rule, medical professionals facing malpractice lawsuits had to wait until a trial had ended to appeal a motion to dismiss a suit if they believed the patient claimant’s expert witness wasn’t qualified. Thanks to the changes, medical professionals can move to appeal a lower court’s ruling while other parts of the case are still proceeding.

The medical community has praised the new rule, saying it allows them to save on time and litigation costs.

How it affects medical malpractice lawsuits

Does this new rule make it harder for patients to win medical malpractice lawsuits?

Attorneys have pointed out that the new rule also gives claimants an opportunity to find a new expert witness to make their case. This can be helpful if the case hits a roadblock because the expert witness can’t properly comment on an aspect of the case that’s not within their medical purview.

However, the best way around this law is to ensure that your expert witness has the appropriate qualifications to testify on your behalf.

If you’re planning to file a medical malpractice lawsuit of your own, consider consulting a legal professional experienced in such lawsuits. An attorney can review your case, determine if you have the right expert witnesses at hand to testify in court and fight for your rights.

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