Fla. High Court Rejects Retrial Over Med Mal Suit Testimony

By Y. Peter Kang (March 22, 2018, 9:30 PM EDT) -- The Florida Supreme Court ruled Thursday that a new trial is not warranted in a medical malpractice suit ending in a $4.1 million judgment, saying the trial court's "one expert per specialty" order was not violated because the plaintiff's experts testified as treating physicians rather than as expert witnesses.

In a 4-3 ruling, the state's highest court held that a trial judge properly allowed two treating physicians to testify during trial regarding their treatment of Monica A. Gutierrez after Dr. Jose Luis Vargas allegedly misdiagnosed the six-year-old child's chronic kidney disease, which caused severe kidney damage requiring a transplant.

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