BETTY DAVIS, APPELLANT,

v.

NORTH FLORIDA SURGICAL PAVILION AND PHILIP PARR, M.D., CHRIS PHILMAN, R.N., M. ELAND, R.N., K. WALTERS, R.N., JOINTLY AND SEVERALLY, APPELLEES

Citator

Cited By

• Cespedes v. Yellow Transp., 130 So. 3d 243 (Fla. 1st DCA 2013)
  …can, under appropriate circumstances, be established by non-expert testimony. See Univ. of Fla. Bd. of Trustees v. Stone ex rel. Stone, 92 So. 3d 264 (Fla. 1st DCA 2012). . We are mindful of our opinion in Chudnof-James v. Racetrac Petroleum, Inc,, 827 So. 2d 369 (Fla. 1st DCA 2002), where we concluded that the only evidence to support the causal relationship or the medical necessity of the emergency treatment was the opinion of the emergency room physician, which was inadmissible under section 440.13(5)(e);…
• Seminole Cnty. Sch. Bd. & Preferred Governmental Claim Solutions v. Candiss Tweedie, 922 So. 2d 1011 (Fla. 1st DCA 2006)
  …- or, an independent medical examiner, and an authorized treating provider. The law is clear that a JCC errs in admitting the opinion testimony of a physician who does not fall into one of these categories. Chudnof-James v. Racetrac Petroleum, Inc., 827 So. 2d 369, 370-71 (Fla. 1st DCA 2002). As it is undisputed that Dr. Masters was not a medical advisor or an independent medical examiner, the question becomes whether he was an authorized treating provider, which means a provider who has been authorized by a…
• Church's Chicken and The Hartford v. Meischel Anderson, 112 So. 3d 545 (Fla. 1st DCA 2013)
  …bills were deemed by the JCC to have been provided “on an emergency basis.” The law provides that a JCC’s award of unauthorized emergency room treatment is reviewed for competent, substantial evidence. See Chudnof-James v. Racetrac Petroleum, Inc., 827 So. 2d 369, 370 (Fla. 1st DCA 2002) (reversing JCC’s award of medical expenses for emergency room treatment where competent, substantial evidence failed to support finding of medical necessity and causal relationship). It was Claimant’s burden to prove that th…

Authorities Cited

• Shands Teaching Hosp. v. Miller, 642 So. 2d 48 (Fla. 1st DCA 1994)
• Torrey v. Leesburg Reg'l Med. Ctr., 796 So. 2d 544 (Fla. 5th DCA 2001)