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FUNDAMENT v. MAY

No. 82-2476.

445 So.2d 710 (1984)

Ricardo FUNDAMENT and Margarida P. Fundament, His Wife, Appellants, v. George I. MAY, M.D., George I. May, M.D., P.A., N/K/a May Orthopaedics, P.A., the Staff Fund and Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, Fourth District.

February 29, 1984.

Attorney(s) appearing for the Case

Richard G. Collins, Fort Lauderdale, for appellants.

Steven R. Berger, P.A., and Bernard & O'Brien, Miami, for appellees.

GLICKSTEIN, Judge.

Appellants contend the trial court erred in refusing to give the following instruction in a medical malpractice case:

If you find that but for the negligent care and treatment of GEORGE MAY that RICARDO FUNDAMENT would have had a better chance to achieve a fuller recovery from his injuries, then GEORGE MAY'S negligence is a legal cause of RICARDO FUNDAMENT'S injuries. Dawson v. Weems, 352 So.2d 1200

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