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McKAY v. COLE

No. 92-2041.

625 So.2d 105 (1993)

Carol Lynn McKay, et al., Appellants, v. Sanford COLE, M.D., et al., Appellees.

District Court of Appeal of Florida, Third District.

October 12, 1993.

Attorney(s) appearing for the Case

Perse & Ginsberg and Arnold R. Ginsberg, Lawrence B. Rodgers, Miami, for appellants.

Don Russo, Elizabeth Koebel Russo and Patrice Talisman, Coconut Grove, for appellees.

Before SCHWARTZ, C.J., and HUBBART and COPE, JJ.

SCHWARTZ, Chief Judge.

Addressing the issue left unresolved in Goldschmidt v. Holman, 571 So.2d 422, 423 n. 2 (Fla. 1990), we hold that the trial court correctly entered summary judgment that, as a matter of law, a physician is not vicariously liable for the alleged malpractice of a "covering" doctor who, with the advance knowledge and concurrence of his patient, treats the patient while the "original" doctor is unavailable...

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