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Florida Fifth DCA rules that defendant doctor in medical negligence case was entitled to file errata sheet substantially amending testimony on material issues, subject to potential re-opening of deposition and impeachment at trial

On June 12 , 2020, in Dungan v. Memorial Health Systems, Inc., No. 5D19-3225, the Florida Fifth DCA dismissed a certiorari petition from a plaintiff who sought review of a trial court order permitting the defendant doctor in a medical negligence to file an errata sheet to his deposition in a medical negligence case. The doctor used the errata sheet to substantially change his testimony about material issues involved in the litigation. Although the Fifth DCA dismissed the petition, the Court issued a written opinion to note that by materially amending his testimony the doctor had put himself in a position where his deposition can be re-opened to allow the plaintiff to inquire about the changed testimony (citing Feltner v. Internationale Nederlanden Bank, N.V., 622 So. 2d 123, 124 (Fla. 4th DCA 1993 and that the errata sheet can be used to cross-examine and impeach him at trial (citing Motel 6, Inc. v. Dowling, 595 So. 2d 260, 262 (Fla. 1st DCA 1992).