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Gov. Scott Signs Tort Reform Bills In Jacksonville

Kevin Meerschaert

 

  Governor Rick Scott was in Jacksonville today to sign a pair of bills he says will cut down on lawsuits in the state of Florida.

They change the standard for how expert witnesses can testify and allow a healthcare practitioner to consult with their attorney prior to testifying in a medical negligence case.

It also requires that expert testimony in a medical malpractice case come from someone who has practiced in the exact same specialty that's being litigated. 

The legislation will benefit business growth, according to the Governor. Scott says he doesn’t want to prevent anyone with a legitimate claim from getting their day in court.

Previously, the standard to be an expert witness was set by a 1923 US.. Supreme Court ruling known as the "Frye" standard that allowed testimony in a court case it if was deemed to be "generally accepted" science.

The new law, known as "Daubert" standard, increases the amount of knowledge needed for expert testimony and put state law in line with the federal courts.

 

The laws go into effect July 1.

Kevin Meerschaert has left WJCT for new pursuits. He was the producer of First Coast Connect until October of 2018.