Gutierrez v. Vargas
In a medical malpractice case, the Third District had ordered a new trial because plaintiffs called four pathologists despite a pretrial 'one retained expert per specialty' order, and because of a closing-argument comment. The Florida Supreme Court quashed, holding that two pathologists who examined the child's kidney tissue during the course of her care were treating physicians (fact witnesses) not subject to the expert limitation, that the rebuttal pathologist's testimony was proper non-cumulative rebuttal, and that the single improper closing comment did not warrant a new trial.
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Key facts
- Child patient died; plaintiffs brought medical malpractice case and called four pathologists at trial despite pretrial court order limiting parties to one retained expert per specialty.
- Two of the pathologists had examined the child's kidney tissue during the course of her medical care and treatment; the other two were retained specifically for litigation purposes.
- +2 more key facts with a free trial
Why it matters
This is the Florida Supreme Court's definitive statement on the treating-physician/expert-witness line and on how 'one expert per specialty' pretrial orders operate in medical malpractice and personal injury trials… — full analysis with a trial
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