Madhu PARIKH, M.D., Appellant,
v.
Rosann CUNNINGHAM, et Ux., Appellees.
Supreme Court of Florida.https://leagle.com/images/logo.png
July 10, 1986.
Rehearing Denied September 17, 1986.
Attorney(s) appearing for the Case
James W. Smith of Smith, Schoder, Rouse & Will, P.A., Daytona Beach, for appellant.
Nolan Carter of Law Offices of Nolan Carter, P.A., Orlando, for appellees.
John E. Thrasher, Gen. Counsel and Donald W. Weidner, Associate Gen. Counsel, William A. Bell and Frederick B. Karl and Gordon D. Cherr of Karl, McConnaughhay, Roland & Maida, Tallahassee, for Florida Medical Ass'n, Inc. and Florida Hosp. Ass'n, Inc., amicus curiae.
Supreme Court of Florida.
ADKINS, Justice.
We have for review Cunningham v. Parikh,472 So.2d 746 (Fla. 5th DCA 1985), in which the district court declared unconstitutional Florida's Medical Consent statute, section 768.46, Florida Statutes (1983). We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We reverse as to the finding of unconstitutionality but agree that the erroneous jury instruction given in the case requires us to remand for a...
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