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FINCKE v. PEEPLES

Nos. 84-562, 84-590, 84-691, 84-1063, 84-792 and 84-1083.

476 So.2d 1319 (1985)

Mabel A. FINCKE, R.N., Chicago Insurance Company, a Foreign Corporation, the Good Samaritan Hospital Association, Inc., a Florida Corporation, and the Florida Medical Malpractice Joint Underwriting Association, Appellants, v. Shirley PEEPLES, As Personal Representative of the Estate of Thomas Peeples, Jr., Deceased, Pierce Weinstein, M.D., Etc., et al., Appellees. Pierce WEINSTEIN, M.D., Weinstein, Hooper, Johnsen, Szmukler & Carrillo, P.A., and Florida Physicians' Insurance Reciprocal, Appellants, v. Shirley PEEPLES, As Personal Representative of the Estate of Thomas Peeples, Jr., Deceased, Appellee. GOOD SAMARITAN HOSPITAL, the St. Paul Insurance Company, Mabel Fincke, and Chicago Interstate Insurance Company, Appellants, v. Shirley PEEPLES, As Personal Representative of the Estate of Thomas Peeples, Jr., Deceased, Pierce Weinstein, M.D., Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Stay Denied November 7, 1985.

Attorney(s) appearing for the Case

Larry Klein of Klein & Beranek, P.A., West Palm Beach, for Pierce Weinstein, M.D., Weinstein, Hooper, Johnsen, Szmukler & Carrillo, P.A., and Florida Physicians' Ins. Reciprocal.

Edna L. Caruso of Edna L. Caruso, P.A., and Montgomery, Lytal, Reiter, Denney & Searcy, P.A., West Palm Beach, for Shirley Peeples, etc.

Steven R. Berger of Steven R. Berger, P.A., and Bernard & O'Brien, Miami, for Good Samaritan Hosp., The St. Paul Ins. Co., Mabel A. Fincke, R.N., and Chicago Interstate Ins. Co.

HERSEY, Chief Judge.

Appellant health care providers and their insurers appeal a malpractice award of $1,018,019.10 and an award of costs and attorneys' fees of $335,857.35. We affirm.

On November 16, 1981, Bruce Fishbane, M.D., an orthopedic surgeon, performed surgery on the right knee of seventeen-year-old Thomas Peeples to repair a torn medial meniscus. Pierce Weinstein, M.D., was the anesthesiologist. The operation took approximately two hours, without...

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