Earlier this year, a state appellate court issued a written opinion in a Florida medical malpractice case requiring the court to determine whether the plaintiff’s three expert affidavits were sufficient to comply with the requirements of Florida Statutes 766.102 outlining the expert affidavit requirement.
Florida’s Expert Affidavit Requirement
Under Florida law, a plaintiff bringing a Florida medical malpractice claim must conduct a pre-suit investigation to “ascertain whether there are reasonable grounds to believe that the defendant medical provider was negligent, and that the negligence resulted in injury to the claimant.” In addition, a plaintiff must obtain an expert affidavit from a qualified expert stating that the expert has reviewed the plaintiff’s case, and that it has merit.
The Facts of the Case
According to the court’s opinion, the defendant orthopedic surgeon performed a hip-replacement surgery on the defendant. During the operation, the defendant fractured the plaintiff’s hip. The plaintiff filed a Florida medical malpractice claim against the orthopedic surgeon. In support of her claim, the plaintiff presented three expert witness affidavits from an emergency room physician, a radiologist, and a nurse.