CAROL JOSEPH, APPELLANT,
v.
SHERIF SHAFEY, M.D. AND SHERIF SHAFEY, M.D., P.A., A FLORIDA PROFESSIONAL SERVICE CORPORATION, APPELLEES
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A plaintiff must establish privity with a physician and a breach of duty owed to the plaintiff to maintain a cause of action for medical malpractice or negligence.
A patient, a police officer, was treated by Dr. Shafey for a tumor and subsequent psychotic episodes. Dr. Shafey cleared the officer for full duty, af…
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PER CURIAM.
Appellant, Carol Joseph, appeals the entry of a final summary judgment for failure to state a cause of action. We affirm.
Appellee, Sherif Shafey, M.D., a neurologist, treated a City of Miami police officer for a pituitary gland tumor. The treatment included a craniotomy to remove the tumor. After the operation, the officer experienced psychotic episodes and Dr. Shafey prescribed dosages of Thorazine, an anti-psychotic drug.
Approximately, two months after the surgery, Dr. Shafey informed the City of Miami that the officer could return to “full duty.” Shortly thereafter, while on duty, the officer shot appellant, a member of the public at large.
Appellant brought an action against Dr. Shafey for medical malpractice and negligence. The trial court entered a summary judgment based on the lack of privity between appellant and Dr. Shafey and the failure to state a cause of action.
In order to maintain a cause of action against Dr. Shafey, there must have existed privity between appellant and Dr. Shaf-ey, and Dr. Shafey must have owed, and breached, a duty to appellant. Absent privity and a breach of a duty, no cause of action lies. See Forlaw v. Fitzer, 456 So. 2d 432 (Fla.1984); Greenwald v. Grayson, 189 So. 2d 204 (Fla. 3d DCA 1966).
The facts in this case fail to show privity between appellant and Dr. Shafey, as well as the breach of any duty to appellant. We, therefore, find no cause of action.
Accordingly, we affirm.
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Pate v. James B. Threlkel, M.D., 661 So. 2d 278 (Fla. 1995)…duty obviously runs to the patient who is in privity with the physician. In the past, courts have held that in order to maintain a cause of action against a physician, privity must exist between the plaintiff and the physician. See Joseph v. Shafey, 580 So. 2d 160 (Fla. 3d DCA 1990), review denied, 592 So. 2d 681 (Fla. 1991), Boynton v. Burglass, 590 So. 2d 446 (Fla. 3d DCA 1991). In other professional relationships, however, we have recognized the rights of identified third party beneficiaries to recover fro…
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Werner v. Varner, Stafford & Seaman, P.A., 659 So. 2d 1308 (Fla. 4th DCA 1995)…ysician/patient relationship. Generally, in Florida, in order to maintain a cause of action against a physician, privity must exist between the plaintiff and the physician. See Boyton v. Burglass, 590 So. 2d 446 (Fla. 3d DCA 1991); Joseph v. Shafey, 580 So. 2d 160 (Fla. 3d DCA 1990), rev. denied, 592 So. 2d 681 (Fla.1991). The only exception to the above-stated rule that had previously surfaced were cases dealing with readily identifiable third parties and contagious diseases. For instance, in Hoffman v. Bach…
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Pate v. James B. Threlkel, M.D., 640 So. 2d 183 (Fla. 1st DCA 1994)…ne of risk encompassing Heidi Pate, and that the general rule of privity would apply to affirm the trial court’s dismissal of the cause. In so ruling, we find analogous the analysis employed by the Third District Court of Appeal in Joseph v. Shafey, 580 So. 2d 160 (Fla. 3d DCA 1990), rev. den., 592 So. 2d 681 (Fla.1991). Therein, Dr. Shafey, a neurologist, treated a City of Miami police officer for a pituitary gland tumor. The treatment included a craniotomy to remove the tumor. After the operation the office…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- J. Russell Forlaw, M.D. v. Fitzer, 456 So. 2d 432 (Fla. 1984)
- Greenwald v. Robert Grayson, M.D., 189 So. 2d 204 (Fla. 3d DCA 1966)
- Taylor v. Mead, 189 So. 2d 204 (Fla. 2d DCA 1966)