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
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 David C. Rash, P.A. 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.