BERY v. FAHEL

No. 3D10-2019.

88 So.3d 236 (2011)

Yuri BERY, as Personal Representative of the Estate of Juliana Bery; Yuri Bery (Individually); and Inness Bery (Individually), Appellants, v. Ghassan FAHEL, D.O., Appellee.

District Court of Appeal of Florida, Third District.

October 19, 2011.


Attorney(s) appearing for the Case

Austin & Laurato, and Michael V. Laurato and Jeffrey Constantinos , Tampa, for appellants.

Hicks, Porter, Ebenfield & Stein, and Mark Hicks , Dinah Stein , Miami, and Erik P. Bartenhagen ; Fann & Petruccelli and Michael A. Petruccelli Ft. Lauderdale, for appellee.

Before CORTIÑAS, ROTHENBERG, and LAGOA, JJ.


ROTHENBERG, J.

The plaintiffs, Yuri Bery, etc., et al., appeal from a final judgment dismissing the medical malpractice complaint filed against the defendant, Ghassan Fahel, D.O. ("Dr. Fahel"), for failing to comply with the medical malpractice presuit requirements. We reverse and remand for an evidentiary hearing.

In February 2007, Juliana Bery died of a bacterial infection after being evaluated and treated by Dr. Fahel, a board certified family physician...

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