DIANE FARINA AND JOHN FARINA, APPELLANTS,
v.
GREGORY J. ZANN, M.D., AND GREGORY J. ZANN, M.D., P.A., APPELLEES
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A tortfeasor is responsible for damages resulting from negligent medical treatment necessitated by the original wrongful act.
Appellants sued Dr. Zann for alleged negligent diagnosis and treatment of Mrs. Farina, claiming subsequent surgeries and negative consequences were du…
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PER CURIAM.
We reverse and agree with appellants that they were entitled to an instruction on the law set out in Stuart v. Hertz Corp., 351 So. 2d 703 (Fla.1977), that a tortfeasor will be held responsible for damages of the victim resulting from negligent medical treatment rendered by reason of the original wrongful act.
The appellants’ claim was predicated on allegations that Mrs. Farina’s physician, Dr. Gregory J. Zann, was negligent in his diagnosis and treatment. It was claimed that a series of subsequent surgeries and treatments, including the negative consequences thereof, would not have occurred, but for Dr. Zann’s earlier negligent diagno sis and treatment. At trial there was proof and argument by the defense that Mrs. Farina’s most serious injuries resulted from the actions or inactions of other physicians, rather than the neglect of Dr. Zann. Under these circumstances, the appellants were entitled to an instruction under the law of Stuart. See Davidson v. Gaillard, 584 So. 2d 71 (Fla. 1st DCA), rev. denied, 591 So. 2d 181, 591 So. 2d 182 (Fla.1991).
We reject the argument that the error was rendered harmless by application of the two issue rule set out in Colonial Stores, Inc. v. Scarbrough, 355 So. 2d 1181 (Fla. 1st DCA 1977), approved 381 So. 2d 1355 (Fla.1980). See LoBue v. Travelers Ins. Co., 388 So. 2d 1349 (Fla. 4th DCA 1980), rev. denied, 397 So. 2d 777 (Fla.1981).
We find no reversible error in the other issues raised. Accordingly, we reverse and remand with directions for a new trial and other proceedings in accord herewith.
GLICKSTEIN, C.J., ANSTEAD, J., and HOY, JOHN J., Associate Judge, concur.
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George Haas, M.D. v. Zaccaria, 659 So. 2d 1130 (Fla. 4th DCA 1995)…ffect,’ Leesburg Hosp. Ass’n v. Carter, 321 So. 2d 433, 434 (Fla. 2d DCA 1975), both doctors being jointly responsible for the injury. * * * [T]he case sub judice can be described as a single injury of disputed causation. Thus, as in Farina v. Zann, 609 So. 2d 629 (Fla. 4th DCA 1992), while Darrach was entitled to an instruction on the law set out in [Stuart v.] Hertz, [351 So. 2d 703 (Fla.1977) ], the Hertz principle should not have been used to exclude the argument and evidence Dr. Barrios sought to admit.”…
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Ivan Barrios, M.D. v. Darrach, 629 So. 2d 211 (Fla. 3d DCA 1993)…2d 181 (Fla.1991), published shortly after the instant trial and relied upon by Darrach both in his hearing on the post-trial motions and now, the case sub judice can be described as a single injury of disputed causation. Thus, as in Farina v. Zann, 609 So. 2d 629 (Fla. 4th DCA 1992), while Darrach was entitled to an instruction on the law set out in Hertz, the Hertz principle should not have been used to exclude the argument and evidence Dr. Barrios sought to admit. In the alternative, Dr. Barrios was not a…
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Charlemagne v. Adassa and Alston Francis, 700 So. 2d 157 (Fla. 4th DCA 1997)…le is inapplicable because the appellant claimed only one theory of liability against the appellees. Moreover, we have rejected a similar argument in LoBue v. Travelers Insurance Co., 388 So. 2d 1349, 1352 (Fla. 4th DCA 1980); accord Farina v. Zann, 609 So. 2d 629, 630 (Fla. 4th DCA 1992). The error of giving the instruction was not harmless. We therefore reverse and remand for a new trial. STONE, C.J., and SHAHOOD, J., concur. . Both parties have treated this case as one between landlord and tenant, even…
Authorities Cited
- Frank M. Stuart, M.D., P.A. v. The HERTZ Corp., 351 So. 2d 703 (Fla. 1977)
- Colonial Stores, Inc. v. Doyle Wayne Scarbrough, 355 So. 2d 1181 (Fla. 1977)
- LoBUE v. Travelers Ins. Co., 388 So. 2d 1349 (Fla. 4th DCA 1980)
- Davidson v. Gaillard, 584 So. 2d 71 (Fla. 1st DCA 1991)
- D'Amato v. Honorable Ellen J. Morphonios, 381 So. 2d 1355 (Fla. 1980)