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How Changes in Florida Evidence Law Will Affect Expert Testimony


Almost all medical malpractice cases, along with most other types of personal injury cases, involve expert testimony as part of proving liability or damages.

On May 23, 2019, the Florida Supreme Court made changes to the Florida Evidence Code, amending Section 90.702 (testimony by experts) and 90.704 (basis of opinion testimony by experts) to replace the Frye standard for admitting certain expert testimony with the Daubert standard.

The Frye standard bases admissibility of scientific evidence on the general acceptance test. This means that an expert’s opinion is only admissible if the scientific technique used to derive that opinion is generally accepted as reliable within the scientific community.

The Daubert standard is the standard that has been used in Federal Courts since 1995.  The Daubert standard is stated in Federal Rule of Evidence 702, which includes the requirement that expert testimony be the product of reliable principles and methods.

This change in Florida evidence law will affect expert testimony issues in personal injury cases in Florida for the foreseeable future.

If you have questions about a medical malpractice, personal injury, or car accident claim, then do not hesitate to contact Milles Law today at (855) 553-3310 for a free initial consultation.  You can also contact us online and tell us about your accident.

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