In Florida, doctor’s commit multiple acts of Medical Malpractice, and the Florida Board of Medicine rarely issues a punishment, much less a revocation. However, testify against one of their own, and the Board of Medicine will come after you. In the latest attempt to discourage doctors from testifying in Medical Malpractice cases, the Florida Board of Medicine revoked Dr. Richard Dellerson’s medical license. The board said Dr. Dellerson misrepresented his credentials. Make no mistake this was not about misrepresenting credentials, this was a loud message to other doctors-DO NOT TESTIFY FOR PLAINTIFF’S IN MEDICAL MALPRACTICE CASES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
As a Miami Medical Malpractice Lawyer I have witnessed doctor’s commit egregious acts of medical malpractice. I have never heard of the Board of Medicine revoking a license. Operate on the wrong leg-no problem, falsify records-no problem, discharge a patient who is having a stroke-no problem, but if you testify against another doctor- BIG PROBLEM. Dr. Dellerson’s act: signing two affidavits in 2010 saying he was board-certified in emergency medicine though his certification had expired the year before.
This license suspension is not about Dr Dellerson, the medical director of the Hollywood and Pembroke Pines fire-rescue departments. This suspension is about the efforts of the Florida Medical Association and insurance industry to do away with Medical Malpractice Lawsuits.
Medical Malpractice cases require expert testimony. For the reasons cited above and other reasons, we often retain experts from out of state. In order to bring a claim for Medical Malpractice Florida Stature 766.102 requires, expert testimony from a doctor who practices in the same field as the doctor being sued. Given the chilling effect’s of what the Board did do Dr. Dellerson, Medical Malpractice lawyers are often forced to look for out of state experts. At the behest of the insurance lobby, the legislature took care of that as well. ln an effort to discourage out of state doctors from testifying, Florida statute 766.102(12), requires out of state doctor’s to apply for an expert witness certificate.
One would hope that the Florida Board of Medicine would concern itself with improving the quality of medical care, and not trying to suppress the opinions of those willing to testify against one of their own
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.