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RITZ v. FLORIDA PATIENT'S COMPENSATION FUND

No. 81-1180.

436 So.2d 987 (1983)

Marcella Sharon RITZ, Individually, by and through Her Legal Guardians, Joseph L. Ritz and Margaret E. Ritz, Appellant, v. FLORIDA PATIENT'S COMPENSATION FUND, Florida Physicians Insurance Reciprocal, I. Basil Keller, M.D., and Keller & Sarnowski, M.D., P.A., D/B/a Melbourne Neurologic, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 2, 1983.

Attorney(s) appearing for the Case

Albert Yurko, Orlando, for appellant.

William B. Wilson of Maguire, Voorhis & Wells, P.A., Orlando, for appellees Florida Physicians Ins., Keller, M.D., Keller & Sarnowski, and Melbourne Neurologic.

James F. Page, Jr., of Gray, Harris & Robinson, P.A., Orlando, for appellee Florida Patient's Compensation Fund.

ORFINGER, Chief Judge.

Marcella Ritz, a mentally retarded woman, suing by and through her parents as legal guardians, appeals from a final judgment in favor of defendants in a malpractice case. Dr. Keller performed brain surgery known as a stereotactic amygdalotomy on Marcella. This is an operation in which electrodes or probes are inserted under x-ray observation through holes drilled in the skull, for the specific purpose of locating and destroying certain brain...

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