MILTON FETELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SALLY FETELL, DECEASED, AND MILTON FETELL, AS HUSBAND OF SALLY FETELL, DECEASED, APPELLANT,
v.
ALAN DREXLER, M.D., APPELLEE
MILTON FETELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SALLY FETELL, DECEASED, AND MILTON FETELL, AS HUSBAND OF SALLY FETELL, DECEASED, APPELLANT,
ALAN DREXLER, M.D., APPELLEE
422 So. 2d 89
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
We reverse the summary final judgment in favor of Alan Drexler, M.D., upon a holding that a factual basis is a necessary prerequisite to the conclusion that plaintiff’s board-certified surgeon could not testify against a board-certified radiologist regarding the standard of care required during the administration of a diagnostic barium enema. § 768.45(2)(c), Fla.Stat. (1977); see Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.1981).
On remand we direct that plaintiff be given an opportunity to establish the qualifications of his expert regarding the administration of the test in question. Chenoweth, 396 So. 2d at 1125.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. M. David Sims, M.D., 538 So. 2d 901 (Fla. 3d DCA 1989)…o testify as to matters of a gynecologist’s presurgical standard of medical care. Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.1981). The holding has been followed by this court, Scozari v. Muscarella, 434 So. 2d 27 (Fla. 3d DCA 1983); Fetell v. Drexler, 422 So. 2d 89 (Fla. 3d DCA 1982), and is a settled rule of law in this state, Wright v. Schulte, 441 So. 2d 660 (Fla. 2d DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984); Mitchell v. Angulo, 416 So. 2d 910 (Fla. 5th DCA 1982), and elsewhere, Radman v. Harold, 27…
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Wright v. Arnold Schulte, Jr., M.D., 441 So. 2d 660 (Fla. 2d DCA 1983)…ay be qualified to give expert testimony on the standard of care. E.g., Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.981) (neurosurgeons may testify in suit against specialists who are board certified in gynecology and anesthesiology); Fetell v. Drexler, 422 So. 2d 89, 90 (Fla. 3d DCA 1982) (board certified surgeon may testify in suit against radiologist); Mitchell v. Angulo, 416 So. 2d 910 (Fla. 5th DCA 1982) (error to rely solely on the fact that a proffered witness does not practice the same specialty as the d…
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Charlonne v. Vlad Rosenthal, M.D., 642 So. 2d 632 (Fla. 3d DCA 1994)…injury. The deficiency in this case, even if essential, is correctable, and appellants should have been permitted to make the correction. Id. at 990; see also Curry v. Cape Canaveral Hosp., 426 So. 2d 64, 65 (Fla. 5th DCA 1983); Fetell v. Drexler, 422 So. 2d 89, 90 (Fla. 3d DCA 1982). We reverse the summary judgment and remand for further proceedings consistent herewith.2 .Section 766.102(2) provides: (a) If the health care provider whose negligence is claimed to have created the cause of action is not…
Authorities Cited
- Chenoweth v. William L. Kemp, M.D., 396 So. 2d 1122 (Fla. 1981)