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PHELAN v. HANFT

No. 84-2500.

471 So.2d 648 (1985)

Catherine Van Hoosear PHELAN, Appellant, v. Donald HANFT, M.D., Appellee.

District Court of Appeal of Florida, Third District.

June 25, 1985.

Attorney(s) appearing for the Case

Barkas & Caldwell and Thomas J. Caldwell, Miami, David Currie, Atlanta, Ga., for appellant.

Fowler, White, Burnett, Hurley, Banick & Strickroot and David B. Mishael and Michael J. Murphy, Miami, for appellee.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

DANIEL S. PEARSON, Judge.

We hold that where the record does not conclusively show that the alleged medical malpractice was or should have been discovered within four years of its commission, the plaintiff's action, although brought after the expiration of the four-year statute of repose, is not barred as a matter of law. Accordingly, we reverse the judgment entered in favor of the defendant1

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