RESPIRATORY THERAPEUTICS, INC. v. FOSTER MEDICAL CORP.

No. 88-320.

542 So.2d 1010 (1989)

RESPIRATORY THERAPEUTICS, INC., a Florida Corporation, Appellant, v. FOSTER MEDICAL CORPORATION, Pal-Med Health Services and Edward E. Goldman, M.D., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 22, 1989.


Attorney(s) appearing for the Case

Smith & Supraski and Louis A. Supraski, Miami, for appellant.

Mitrani, Rynor & Gallegos and Isaac J. Mitrani, Miami, Epstein, Becker & Green and Lynn Shapiro Snyder, Washington, D.C., Rice & Reiser and Arthur Halsey Rice, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and BASKIN, JJ.


BASKIN, Judge.

The specific conduct complained of, namely, referring patients needing health care goods or services to a business entity in which the physician has an equity interest of ten percent or more after disclosure to the patients of the physician's financial interest, is sanctioned by section 458.331(1)(gg), Florida Statutes (Supp. 1986). Thus, we find no error in the trial court's dismissal of the complaint for failure to state a cause of action; however...

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