Loadholtz v. Andrews

In this medical malpractice case, the plaintiffs below maintain that the trial court erred when it disposed of their claim by summary judgment on the stated grounds that their only expert witness was not qualified to testify at trial. On appeal, they argue that the ruling that their medical expert was unqualified under section 766.102, Florida Statutes (2002), was error. We agree and reverse.

The issue framed below is whether Mrs. Loadholtz consented to a surgical procedure that Dr. Andrews performed.1 She claims she repeatedly gave express oral instructions that he was not to perform the…