Padgett v. Sims
Padgett v. Sims
Opinion of the Court
Glenn E. Padgett, M.D., appeals a final judgment entered following a jury verdict in favor of appellees, Edward Sims and Barbara Ann Sims, in their medical malpractice action against appellant based upon his alleged misdiagnosis of Mr. Sims’ colon cancer. We find no error and affirm the trial court with respect to all issues raised on appeal. We write only because one of the appealed issues raises a matter of first impression in this district concerning the requirements for an expert witness under section 766.102, Florida Statutes (1995).
Dr. Padgett, a family practice physician in Marianna, Florida, argues that the trial court erred in admitting the testimony of Howard Able, M.D., as appellees’ expert witness under section 766.102(2), Florida Statutes (1995). Appellant contends that under section 766.102(2)(a)
If section 766.102(2)(a) were the only statutory provision governing this issue, we might agree with appellant’s argument. Regardless of our reading of section 766.102(2)(a), however, Dr. Able clearly qualifies as an expert witness under the more general provisions of section 766.102(2)(c)2. See Green v. Goldberg, 630 So.2d 606 (Fla. 4th DCA 1993); Catron v. Roger Bohn, D.C., P.A., 580 So.2d 814 (Fla. 2d DCA 1991). In section 766.102(2)(c),
In affirming this issue based upon our reading of section 766.102(2)(e)2, we find it unnecessary to address whether the final sentence of section 766.102(2)(b)
AFFIRMED.
. Section 766.102(2)(a), Florida Statutes (1995), provides:
If the health care provider whose negligence is claimed to have created the cause of action is*358 not certified by the appropriate American board as being a specialist, is not trained and experienced in a medical specialty, or does not hold himself out as a specialist, a "similar health care provider” is one who:
1. Is licensed by the appropriate regulatory agency of this state;
2. Is trained and experienced in the same discipline or school of practice; and
3. Practices in the same or similar medical community.
. Section 766.102(2)(c), Florida Statutes (1995), provides:
The purpose of this subsection is to establish a relative standard of care for various categories arid classifications of health care providers. Any health care provider may testify as an expert in any action if he:
1. Is a similar health care provider pursuant to paragraph (a) or paragraph (b); or
2. Is not a similar health care provider pursuant to paragraph (a) or paragraph (b) but, to the satisfaction of the court, possesses sufficient training, experience, and knowledge as a result of practice or teaching in the specialty of the defendant or practice or teaching in a related field of medicine, so as to be able to provide such expert testimony as to the prevailing professional standard of care in a given field of medicine. Such training, experience, or knowledge must be as a result of the active involvement in the practice or teaching of medicine within the 5-year period before the incident giving rise to the claim.
. The last sentence of section 766.102(2)(b), Florida Statutes (1995), provides:
However, if any health care provider described in this paragraph is providing treatment or diagnosis for a condition which is not within his specialty, a specialist trained in the treatment or diagnosis for that condition shall be considered a "similar health care provider."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.