Montonye v. United States of America
In an FTCA medical negligence/wrongful death case alleging delayed lung cancer diagnosis by a family medicine physician, the plaintiff moved to strike the Government's pulmonologist standard-of-care expert. The court held that under Fed. R. Evid. 601 Florida's expert competency statute governs, and that section 766.102(8)'s 'similar health care provider' route cannot be used to qualify an expert to testify about the standard of care applicable to a specialist after the 2013 amendments requiring the 'same specialty.'
Key facts
- Plaintiff brought a Federal Tort Claims Act medical negligence and wrongful death case against the United States, alleging a family medicine physician delayed diagnosing lung cancer.
- Plaintiff moved to strike the Government's pulmonologist expert who was offered to testify about the standard of care applicable to the family medicine physician defendant.
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Why it matters
This order squarely resolves a recurring argument in Florida medical malpractice practice: whether section 766.102(8) can rescue an out-of-specialty expert who happens to specialize in the condition at issue. The court… — full analysis with a trial
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