Blackshear v. Haynes
In a medical negligence and unnecessary-testing case against a vascular surgeon, the trial court allowed a nephrologist to opine on the medical necessity of tests and procedures "from the standpoint of a nephrologist." The Second District held this was "smoke and mirrors" that improperly encroached on standard-of-care testimony barred by section 766.102(5)(a)'s same-specialty requirement, and that the error was not harmless merely because a same-specialty expert gave similar testimony, reversing for a new trial on both the negligence and section 766.111 unnecessary-tests counts.
Key facts
- Plaintiff sued vascular surgeon Dr. Blackshear for medical negligence and unnecessary testing; the trial court admitted testimony from a nephrologist opining on the medical necessity of tests and procedures the surgeon ordered, framed as opinions 'from the standpoint of a nephrologist.'
- The Second District reversed, finding the nephrologist's testimony improperly invaded the standard-of-care domain reserved to same-specialty experts under Florida Statute section 766.102(5)(a), regardless of how the opinion was characterized.
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Why it matters
This decision closes a workaround plaintiffs have used to get around chapter 766's same-specialty rule — presenting a differently specialized expert to testify about the 'medical necessity' of tests rather than labeling… — full analysis with a trial
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