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Florida Third DCA finds that trial court did not abuse discretion in allowing testimony in medical negligence trial from treating physicians which the plaintiff alleged contained impermissible standard of care and causation opinions

On April 1, 2020, in McDuffie v. Uribe, No. 3D18-2558, the Florida Third DCA affirmed a defense verdict in a medical negligence case filed by former Miami Dolphins player O.J. McDuffie. The Third DCA concluded that that trial court did not abuse its discretion in allowing testimony from treating physicians which the plaintiff alleged contained impermissible standard of care and causation opinions. The Court quoted from Gutierrez v. Vargas, 239 So. 3d 615, 622 (Fla. 2018): “[t]reating physicians are limited to their medical opinions as they existed at the time they were treating the plaintiff . . .” However, the Court concluded that the testimony did not amount to expert testimony on standard of care or causation because the opinions rendered were based on the doctors’ personal knowledge, experience and treatment of McDuffie.

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