Legislative Changes in Medical Malpractice Lawsuits

October 1, 2011 marked the date of numerous legislative changes in Florida, some of which affect medical malpractice actions. Among them is the newly-created Section 458.3175, Florida Statutes, which requires that out of state medical experts testifying or providing an opinion in medical malpractice lawsuits in Florida obtain an expert witness certificate. The application fee is $50, and the certificate is valid for two years.

In a related amendment, Section 458.331, Florida Statutes, now subjects medical expert witnesses to more severe disciplinary action and denial of their medical license for providing deceptive or fraudulent testimony related to the practice of medicine.

The presuit process of initiating medical malpractice lawsuits also has an additional component.  The new Section 766.1065, Florida Statutes “presuit notice of intent to initiate litigation for medical negligence under Section 766.106(2) must be accompanied by an authorization for release of protected health information.”  This new statute provides a form for the authorization that must be followed.  Failure to include this authorization in the presuit Notice of Intent makes the entire notice void, but the law only affects actions that accrued on or after October 1, 2011.

At Perenich The Law Firm, our medical malpractice attorneys have more than 60 years of combined experience in holding those responsible for the tragic and often preventable injuries and wrongful deaths of patients who placed their trust – and their lives – in the hands of careless doctors, surgeons, and other medical providers.  Our offices are conveniently located throughout the Tampa Bay, Florida area, including Clearwater,  St. Petersburg, Tampa, Tarpon Springs, and New Port Richey.