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.'
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