SMITH v. GARDY

No. 88-3198.

569 So.2d 504 (1990)

Markanna SMITH, Individually and As Personal Representative of the Estate of Michael David Snelgrove, a Minor, Deceased, and Robin Snelgrove, Individually and As Personal Representative of the Estate of Michael David Snelgrove, a Minor, Deceased, Appellants, v. Harvey GARDY, M.D., and Sunlife Ob/Gyn Services, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 28, 1990.


Attorney(s) appearing for the Case

G. William Bissett, Preddy, Kutner, Hardy, Rubinoff, Brown & Thompson, Miami, and Alan S. Marshall, Irwin Cohen and S. Leo Kaufman, Paralegal of Cohen & Cohen, P.A., Hollywood, for appellants.

Debra J. Snow and Robert M. Klein of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for appellees.


KAHN, MARTIN D., Associate Judge.

The unsuccessful plaintiff in a medical malpractice raises three issues in this appeal. Although we find no reversible error and affirm, comment is warranted on one of those issues.

A baby was born comatose because of lack of oxygen to the brain. He died some months later without recovering or leaving the hospital, and the lawsuit against the obstetrician followed. As to liability, at issue were causation and standard of care...

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