ROGERS v. RUIZ

No. 90-01490.

594 So.2d 756 (1991)

Margaret M. ROGERS, As Personal Representative of the Estate of Russel B. Rogers, Deceased, Appellant, v. Javier RUIZ, M.D., Thoracic and Cardiovascular Associates, Javier Ruiz, M.D., P.A. and Morton F. Plant Hospital Association, Inc., Appellees.

District Court of Appeal of Florida, Second District.

As Amended on Denial of Rehearing February 27, 1992.


Attorney(s) appearing for the Case

Joel D. Eaton, Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami and Masterson, Rogers, Patterson, Masterson, O'Brien & Lopez, P.A., St. Petersburg, for appellant.

Ted R. Manry, III and Stephen H. Sears, Macfarlane, Ferguson, Allison & Kelly, Tampa, for appellees Javier Ruiz, M.D. and Thoracic and Cardiovascular Associates, Javier Ruiz, M.D., P.A.

James A. Martin, Jr. and Margot Pequignot, McMullen, Everett, Logan, Marquardt & Cline, P.A., Clearwater, for appellee Morton F. Plant Hosp. Ass'n, Inc.


LEHAN, Judge.

This is a medical malpractice suit against a physician, the physician's professional association, and a hospital brought by a wife, as personal representative of her husband's estate, for the death of her husband. The suit alleges that the death resulted from negligently performed surgery. We reverse the summary judgment for defendants which was entered by the trial court on the basis that the two-year statute of limitations under section 95.11(4)(b...

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