DiNATALE v. LIEBERMAN

Nos. 81-115, 81-116 and 81-503.

409 So.2d 512 (1982)

Anthony N. DiNATALE; Kathryn Lynn DiNatale, Appellants, v. Robert A. LIEBERMAN, M.D.; Sunland Regional Center at Orlando, Etc., et al., Appellees. Susan Carol ALLEN, Etc., et al., Appellants, v. COLONIAL LABORATORY, INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

February 10, 1982.


Attorney(s) appearing for the Case

William G. Osborne of Robertson, Williams, Duane, Lewis, Briggs & Ranson, P.A., Orlando, for appellants DiNatale.

Maron E. Lovell, Orlando, for appellants Allen.

William B. Wilson of Maguire, Voorhis & Wells, P.A., Orlando, for appellee Lieberman.

Michael A. Estes of Woolfolk, Estes & Palmour, P.A., Orlando, for appellee Sunland.

Chet Parker, Orlando, for appellee Colonial Laboratory, Inc.


DAUKSCH, Chief Judge.

In these consolidated appeals the principal question for our review is the right of a child and its parents to sue a physician or other health care provider for damages allegedly suffered as a result of pre-natal negligence of the defendant. As we held in Moores v. Lucas, 405 So.2d 1022 (Fla. 5th DCA 1981), a child born with physical or mental defects does not have a cause of action against anyone on...

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