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FL S1310

Bill

Status

Failed

5/3/2013

Primary Sponsor

Tom Lee

Click for details

Origin

Senate

2013 Regular Session

AI Summary

  • Establishes that claimants must prove by clear and convincing evidence that a health care provider breached the prevailing professional standard of care when alleging failure to order, perform, or administer supplemental diagnostic tests.

  • Requires expert witnesses testifying about professional standards of care to specialize in the exact same specialty as the defendant health care provider, eliminating the previous allowance for "similar" specialties.

  • Requires expert witnesses to have devoted professional time during the 3 years before the incident to the same specialty through active clinical practice, instruction in accredited programs, or affiliated clinical research programs.

  • Removes the provision that allowed trial courts to disqualify or qualify expert witnesses on grounds other than those specified in the statute.

  • Takes effect July 1, 2013.

Legislative Description

Medical Negligence Actions

Last Action

Died in Judiciary, companion bill(s) passed, see SB 1792 (Ch. 2013-108)

5/3/2013

Committee Referrals

Judiciary3/4/2013

Full Bill Text

No bill text available