Introduction
Before retaining a physician for Florida litigation, counsel should identify the opinions needed and verify the qualifications and authorization applicable to that role. Certificate status, clinical expertise and the evidentiary basis for an opinion are separate questions.
Physician Expert Witness Certificate
Florida Statute § 458.3175 provides a certificate route for certain physicians licensed elsewhere to provide specified expert services. The certificate is distinct from an attorney’s certificate of counsel and from a pre-suit corroborating medical opinion. It does not authorize general medical practice in Florida. Counsel should verify the current requirements and the physician’s actual status.
Qualifications for the Opinion
Section 766.102 addresses qualifications for standard-of-care testimony. Relevant requirements depend on the professional and specialty involved and the role of the testimony. Counsel should review the current statute and the expert’s documented background; board certification alone does not resolve every qualification question.
Clinical Scope
A pain-management physician may be asked to review the diagnosis, treatment rationale, procedure records, causation and future care. Each opinion should identify the records and medical evidence that support it, the limits of the available information and any issues outside the physician’s scope.
Preparing an Engagement
Provide the relevant treatment chronology, imaging, procedure records and the specific clinical questions. Confirm which opinions the physician can address and which legal or procedural questions counsel will resolve.
Primary Statutory Sources
- Florida Statute § 458.3175 — Expert witness certificate
- Florida Statute § 766.102 — Medical negligence; standards of recovery; expert witness
- Florida Senate — Current statutes
These links identify the statutory sources reviewed for this article. Counsel should check the current law and its application to the specific engagement.
Editorial Note: This article is educational information, not legal advice or a determination of any physician’s authorization. Case opinions depend on the specific records and facts.