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Fetell v. Drexler

District Court of Appeal of Florida, Third District
Nov 23, 1982
422 So. 2d 89 (Fla. Dist. Ct. App. 1982)

Summary

allowing a board-certified surgeon to testify in a suit against a radiologist

Summary of this case from Kimbrough v. City of Cocoa

Opinion

No. 82-823.

November 23, 1982.

Appeal from the Circuit Court, Dade County, Edward N. Moore, J.

Ira W. Still, III, Fort Lauderdale, for appellant.

Schwartz Santone, Miami, for appellee.

Before SCHWARTZ, NESBITT and JORGENSON, JJ.


We reverse the summary final judgment in favor of Alan Drexler, M.D., upon a holding that a factual basis is a necessary prerequisite to the conclusion that plaintiff's board-certified surgeon could not testify against a board-certified radiologist regarding the standard of care required during the administration of a diagnostic barium enema. § 768.45(2)(c), Fla. Stat. (1977); see Chenoweth v. Kemp, 396 So.2d 1122 (Fla. 1981).

On remand we direct that plaintiff be given an opportunity to establish the qualifications of his expert regarding the administration of the test in question. Chenoweth, 396 So.2d at 1125.

Reversed and remanded with directions.


Summaries of

Fetell v. Drexler

District Court of Appeal of Florida, Third District
Nov 23, 1982
422 So. 2d 89 (Fla. Dist. Ct. App. 1982)

allowing a board-certified surgeon to testify in a suit against a radiologist

Summary of this case from Kimbrough v. City of Cocoa
Case details for

Fetell v. Drexler

Case Details

Full title:MILTON FETELL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF SALLY FETELL…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 23, 1982

Citations

422 So. 2d 89 (Fla. Dist. Ct. App. 1982)

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