Florida legislation increases accountability for expet witnesses in the state

[Louise Andrew]

Dear All,

In case you hadn't seen it, a new Florida law has recently been signed by the
governor with significant positive expert witness ramifications for that state.

Basically, any MD, DO, or dentist who wants to testify (or certify a case) as a
medical expert in Florida will now have to apply to the State Dept of Health
for a Certificate to prove they have a valid license in a state or Province,
and will be subject to discipline by the Medical Board for fraudulent
testimony. This discipline could include prevention of future testimony or
even licensure in Florida, and presumably the certificate holder's license in
their own jurisdiction should be affected if Florida disciplines them if they
are honest on their applications when applying or reapplying for licensure.

Here's the AMA Advocacy Center's compilation of the law:

http://www.ama-assn.org/resources/doc/arc/florida-hb-479.pdf

I'm amazed that it got through the legislature and reasonably sure it will face
some constitutional challenge or another; but still it's a pretty admirable
step aimed towards introducing some EW accountability in Florida, a state which
has reportedly been pretty dangerous for physicians because of the malpractice
climate.

You'll recall the Fla Med Association got sued by some "experts" whose
testimony had been questioned a few years back, after they violated state
association ethics policies, and several of those physicians who were initially
malpractice defendants and victims of the unethical testimony were named in
this retribution suit as well, causing at least one to retire and leave the
state. He was a CCEMT member.

AMNews (Alicia Gallegos) has been corresponding with me about ethical expert
issues in light of the emerging legislation. The reporter seems to have
researched pretty extensively and there might be a pretty good article coming
down the pipeline.

Regards,

Louise
Louise B. Andrew MD JD FACEP

[dpriver]

Louise et al,
This is terrific news, especially the part about requiring a
certificate for out of state experts which can be revoked. Imagine the
effect upon future testimony when the expert is asked before a jury
why his certificate in Florida was revoked. I am now interested in
composing a resolution for our upcoming CMA meeting to encourage that
California adopt a similar law. If there are any others amongst us who
reside in California and would like to collaborate with me on
composing this resolution, let me know.
David