DUNNE BY AND THROUGH DUNNE v. SOMOANO

No. 87-1272.

550 So.2d 5 (1989)

Vanessa DUNNE, a Minor, By and Through Her Parents and Natural Guardians, Ethel Dunne and Thomas Dunne, and Ethel Dunne and Thomas Dunne, Individually, Appellants, v. Julio SOMOANO, M.D.; Julio Somoano, M.D., P.A.; Physicians Protective Trust Fund; and Florida Patient's Compensation Fund, Appellees.

District Court of Appeal of Florida, Third District.

On Motion for Rehearing October 24, 1989.


Attorney(s) appearing for the Case

Barnett, Clark & Barnard and James K. Clark, Miami, for appellants.

Thomas R. Post and Evan J. Langbein, Miami, for appellee Florida Patient's Compensation Fund.

Stephens, Lynn, Klein & McNicholas and Debra J. Snow and Robert M. Klein, Miami, for appellees Julio Somoano, M.D., and Julio Somoano, M.D., P.A. and Physicians Protective Trust fund.

Before HUBBART, FERGUSON and LEVY, JJ.


PER CURIAM.

The plaintiffs in this medical malpractice case appeal from a jury verdict finding for the defendant obstetrician.

As a result of complications arising during her delivery, Vanessa Dunne was born with brachial plexus palsy. The defense expert conceded that Vanessa's injury was a result of Dr. Somoano's acts during birth. The issue at trial was whether Dr. Somoano's actions fell below the standard of care in the community for physicians of his specialty...

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