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RUDNICK v. NAHMAD

No. 82-444.

441 So.2d 164 (1983)

Michael RUDNICK, As Personal Representative of the Estate of Todd Rudnick, a Deceased Minor, and Michael Rudnick and Darlene Rudnick, Individually, Appellants, v. Michel Henry NAHMAD, M.D. and Richard E. Litt, M.D., Appellees.

District Court of Appeal of Florida, Third District.

November 15, 1983.

Attorney(s) appearing for the Case

Horton, Perse & Ginsberg and Edward Perse, Miami, Martin J. Schwartz, Hollywood, for appellants.

Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and A.H. Toothman, Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellees.

Before SCHWARTZ, C.J., and BASKIN and FERGUSON, JJ.

PER CURIAM.

Affirmed.

FERGUSON, Judge (concurring).

This appeal is brought from a judgment on a jury verdict for defendants/physicians in a medical malpractice action.

The point on appeal — whether the court erred in failing to charge the jury on a total absence of consent to perform an intravenous pyelogram — does not address an issue framed by the pleadings. Neither was there a motion made at trial to conform the pleadings to...

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