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CHENOWETH v. KEMP

No. 56418.

396 So.2d 1122 (1981)

Ruth CHENOWETH and Donald H. Chenoweth, Her Husband, Appellants, v. William L. KEMP, M.D., the Good Samaritan Hospital, a Florida Corporation, and Abraham Szmukler, M.D., Appellees.

Supreme Court of Florida.

April 2, 1981.

Attorney(s) appearing for the Case

Dewey H. Varner, Jr. of Kohl, Springer, Springer & Varner, Palm Springs, for appellants.

John W. Mauro and Leonard M. Bernard of Carey, Dwyer, Cole, Selwood & Bernard, Fort Lauderdale, for William L. Kemp, M.D.

Richard A. Sherman of Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy, Miami, for The Good Samaritan Hospital.

Adams, Coogler, Watson & Smith and Larry Klein, West Palm Beach, for Dr. Abraham Szmukler.

OVERTON, Justice.

This is an appeal from a judgment for defendants-appellees in a negligence action brought against the physicians and hospital following appellant Ruth Chenoweth's hysterectomy. The medical mediation panel unanimously found no actionable negligence, and the jury verdict at trial was in favor of appellees. Before trial appellants moved the court to declare unconstitutional sections 768.45, .48, .49, .50, and .51, Florida Statutes (Supp. 1976), on the...

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