HERNANDEZ v. CHARLES E. VIRGIN, M.D., P.A.

No. 85-1083.

505 So.2d 1369 (1987)

Rene HERNANDEZ and Maria B. Hernandez, His Wife, As Natural and Legal Guardians of Rene A. Hernandez, Incompetent, Appellants, v. CHARLES E. VIRGIN, M.D., P.A., John C. Nordt, III, M.D. and Leonard A. Roudner, M.D., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 19, 1987.


Attorney(s) appearing for the Case

Kurzban, Kurzban, Weinger & Holtsberg and Steven M. Weinger, Miami, for appellants.

Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Miami, for appellees Charles E. Virgin, M.D., P.A. and John C. Nordt, III, M.D.

Kubicki, Bradley, Draper, Gallagher & McGrane and Betsy E. Gallagher, Miami, for appellee Leonard A. Roudner, M.D.

Before HUBBART, BASKIN and FERGUSON, JJ.


FERGUSON, Judge.

This medical malpractice action is based on alleged acts of several health care providers, in the treatment of a trauma victim, which left the victim severely brain-damaged.

One of several issues presented in this appeal is that an unrecorded communication between the judge and a deliberating jury which occurred in the jury room and outside the presence of counsel was reversible error. We agree and reverse.

Although an ex parte...

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