Neuropsychologist's Competency to Testify In Florida
In Tomlian v. Grenitz, 782 So. 2d 905, (Fla. Dist. Ct. App. 4th Dist., 2001), the Fourth District perpetuated its change in the Florida legal evidentiary standard affecting a neuropsychologist's competency to testify concerning the nonpsychological cause of organic brain injury.
The district court deemed the departure warranted by a change in section 490.003(4), Florida Statutes:
Plaintiffs' expert neuropsychologist, who testified that the injury was caused by oxygen deprivation at birth, was not permitted to give his opinion as to why the injury had not occurred weeks prior to the birth, as contended by defendants.
The trial court sustained defendant's objections to this testimony based on the state of the law as it existed at that time, which was that a psychologist, who is not a medical doctor, is not qualified to render an opinion as to the cause of brain damage. Executive Car & Truck Leasing, Inc. v. DeSerio, 468 So. 2d 1027 (Fla. 4th DCA 1985).