CHARLIE W. ASHBURN, APPELLANT,
v.
DR. M. S. FOX, APPELLEE
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Medical experts not familiar with osteopaths' community standard of care can testify regarding the proper standard of care in diagnosing cancer.
Plaintiff sued for medical malpractice. The trial court excluded testimony from medical experts who were not familiar with the specific standard of ca…
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The only point involved in this case is whether or not, in a malpractice case, medical experts or doctors can testify as to the proper standard of care to be used by an osteopath in diagnosing a cancerous condition. The trial court held that said experts could not so testify because they indicated they were not familiar with the standard of care normally used in the community by osteopaths.
As clearly pointed out by the Supreme Court of Florida in Foster v. Thornton, 125 Fla. 699, 170 So. 459, their testimony would be admissible under the circumstances of the existing case. In said opinion, the following is found at page 463:
* * * * * *
“ * * * It does not exclude the testimony of physicians of other schools or experts in other lines when that testi*841mony bears on a point as to which the principles of the schools do or should concur, such as the dangers incident to the use of X-rays or the existence of a condition that should be recognized by any physician. 21 R.C.L. 383; 22 C.J. 661. In Longan v. Weltmer, 180 Mo. 322, 79 S.W. 655, 64 L.R.A. 969, 103 Am. St.Rep. 573, it was held that any person qualified by education and experience may testify whether the treatment which plaintiff underwent was proper.”
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See also this court’s opinion in Musachia v. Terry, Fla.App.1962, 140 So.2d 605; Hawkins v. Schofman, Fla.App.1967, 204 So.2d 336.
Therefore, the final judgment based upon the directed verdict here under review be and the same is hereby reversed, with directions to grant the plaintiff a new trial.
Reversed and remanded, with directions.
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Mitchell v. Maria S. Angulo, M.D., 416 So. 2d 910 (Fla. 5th DCA 1982)…2d 336 (Fla. 3d DCA 1967), cert. denied, 211 So. 2d 215 (Fla.1968) (even though doctor had no personal experience in performing questioned operation, court saw him as competent in view of medical training and professional knowledge); Ashburn v. Fox, 233 So. 2d 840 (Fla. 3d DCA), cert. granted, 238 So. 2d 428 (Fla.1970), cert. dismissed, 242 So. 2d 873 (Fla.1971) (testimony of m.d.’s allowed despite the fact that defendant was osteopath, since the point in question concerned area of knowledge common to both fi…
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Adele van Sickle v. Allstate Ins. Co., 503 So. 2d 1288 (Fla. 5th DCA 1987)…ling professional standard of care for that health care provider.” . See Foster v. Thornton, 125 Fla. 699, 170 So. 459 (1936); Fay v. Mincey, 454 So. 2d 587 (Fla. 2d DCA 1984); Mitchell v. Angulo, 416 So. 2d 910 (Fla. 5th DCA 1982); Ashburn v. Fox, 233 So. 2d 840 (Fla. 3rd DCA 1970), cert. granted, 238 So. 2d 428 (Fla.1970); cert. dismissed, 242 So. 2d 873 (Fla.1971); Hawkins v. Schofman, 204 So. 2d 336 (Fla.3rd DCA 1967), cert. denied, 211 So. 2d 215 (Fla.1968); Musachia v. Terry, 140 So. 2d 605 (Fla. 3rd D…1 / 2
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ST. Louis-San Francisco Ry. Co. & Robert Martin v. White, 369 So. 2d 1007 (Fla. 1st DCA 1979)…it railroading, manufacturing, medical practice, or some other, are not always proved by so handy a document as Bulletin No. 7 of the Association of American Railroads. Standards are subject also to proof by expert witnesses. E. g., Ashburn v. Fox, 233 So. 2d 840 (Fla. 3d DCA 1970); Millar v. Tropical Gables Corp., 99 So. 2d 589 (Fla. 3d DCA 1958). I think it no more justifiable for a trial judge to comment favorably on a vocational standard evidenced in writing than to comment on a standard shown by opinion…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Foster v. Thornton, 125 Fla. 699 (Fla. 1936)
- Musachia v. Terry, 140 So. 2d 605 (Fla. 3d DCA 1962)
- Hawkins v. Schofman, 204 So. 2d 336 (Fla. 3d DCA 1967)