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FLA. PATIENT'S COMP. FUND v. SITOMER

Nos. 4-86-0215, 4-86-0844, 4-86-0285 and 4-86-0967.

524 So.2d 671 (1988)

FLORIDA PATIENT'S COMPENSATION FUND, Appellant, v. Harriet R. SITOMER, Robert B. Smith, M.D., et al., Appellees. Robert B. SMITH, M.D., Appellant, v. Harriet R. SITOMER, et al., Appellees. Robert B. SMITH, M.D., and Robert B. Smith, M.D., P.A., Appellants, v. Harriet R. SITOMER, Appellee.

District Court of Appeal of Florida, Fourth District.

On Rehearing May 18, 1988.

Attorney(s) appearing for the Case

Marguerite H. Davis and James E. Alderman of Swann and Haddock, P.A., Tallahassee, for Florida Patient's Compensation Fund.

Melanie G. May of Bunnell, Denman & Woulfe, P.A., Fort Lauderdale, for Robert B. Smith, M.D.

Edward E. Perse of Horton, Perse & Ginsberg, and Hoppe & Backmeyer, Miami, for Harriet R. Sitomer.

DOWNEY, Judge.

Appellee, Harriet Sitomer (Sitomer), sued appellant, Dr. Robert Smith (Smith) and Florida Patient's Compensation Fund (the Fund) for medical malpractice. From a jury verdict and judgment for Sitomer and an award of attorney's fees and costs assessed against them, Smith and the Fund have perfected these consolidated appeals.

Sitomer sought the advice of her doctor, Smith, a cosmetic surgeon, after she discovered a lump in her breast. The lump...

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