GERARDO CRUZ, APPELLANT,
v.
ALEXANDER ANGELIDES, M.D., ET AL., APPELLEES
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Plaintiff Gerardo Cruz appeals a judgment on the pleadings dismissing his novel claim that his treating physician breached a fiduciary duty by giving favorable expert testimony for the defendant in Cruz's prior medical malpractice case. The court affirmed, holding that witnesses have absolute immunity from civil liability for testimony given in judicial proceedings.
A physician (or any witness) has absolute immunity from civil liability for testimony and sworn statements given in judicial proceedings, with perhaps a narrow exception for malicious prosecution. Therefore, Cruz has no viable cause of action for breach of fiduciary duty against Dr. Angelides.
[1] A witness in a judicial proceeding is absolutely immune from civil liability for testimony or sworn statements given in the course of that proceeding.
[2] A cause of action for breach of fiduciary duty cannot be based solely on a witness's sworn pretrial affidavit and deposition testimony expressing expert medical opinion f…
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Join FLexlaw to unlock all legal intelligence“a witness in a judicial proceeding, as here, is absolutely immune from any civil liability, save perhaps malicious prosecution, for testimony or other sworn statements which he or she gives in the course of the subject proceeding”
Establishes the foundational principle of witness immunity that defeats Cruz's claim
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Join FLexlaw to unlock all legal intelligenceCruz sued Dr. Alexander Angelides, his treating physician, claiming breach of fiduciary duty. The lawsuit was based solely on Dr. Angelides providing …
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PER CURIAM.
This is an appeal by the plaintiff Gerardo Cruz from an adverse final judgment on the pleadings in an action heretofore unrecognized under Florida law. The plaintiff Cruz sued his treating physician, the defendant Alexander Angelides, M.D., for breach of a fiduciary duty based solely on the fact that Dr.- Angelides gave a sworn pretrial affidavit and a video deposition at trial in which he expressed expert medical opinion favorable to the defendant in a prior medical malpractice action brought by the plaintiff against another medical doctor, which action resulted in a defense verdict. The plaintiff seeks as damages the damages which he failed to obtain in the first malpractice action. We affirm.
The law is well settled that a witness in a judicial proceeding, as here, is absolutely immune from any civil liability, save perhaps malicious prosecution, for testimony or other sworn statements which he or she gives in the course of the subject proceeding. Wright v. Yurko, 446 So. 2d 1162, 1164 (Fla. 5th DCA 1984); Cawthon v. Coffer, 264 So. 2d 873, 874 (Fla. 2d DCA 1972); Seidel v. Hill, 264 So. 2d 81 (Fla. 4th DCA 1972); Bencomo v. Morgan, 210 So. 2d 236 (Fla. 3d DCA 1968).
This being so, it is plain that the plaintiff has no cause of action for breach of a fiduciary duty against the defendant. We reaffirm the Florida Supreme Court’s observatation in Coralluzzo v. Fass, 450 So. 2d 858, 859 (Fla.1984), that “[wjhether [the defendant herein] has violated the ethical standards of his profession is a matter to be addressed by the [medical] profession itself,” rather than by the courts.
Accordingly, the final judgment on the pleadings below must be and is hereby
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Wright v. Yurko, 446 So. 2d 1162 (Fla. 5th DCA 1984)
- Coralluzzo v. Paul Fass, M.D., 450 So. 2d 858 (Fla. 1984)
- Stone v. State, 264 So. 2d 81 (Fla. 1st DCA 1972)
- Carmela Bencomo v. Morgan, 210 So. 2d 236 (Fla. 3d DCA 1968)
- Cawthon v. Coffer, 264 So. 2d 873 (Fla. 2d DCA 1972)