BARRIOS v. DARRACH

No. 91-2782.

629 So.2d 211 (1993)

Ivan BARRIOS, M.D., Appellant, v. Donald DARRACH, Appellee.

District Court of Appeal of Florida, Third District.

November 23, 1993.


Attorney(s) appearing for the Case

Stephens, Lynn, Klein & McNicholas and Philip D. Parrish, Miami, for appellant.

Freidin, Hirsh & Gerrard, Cooper & Wolfe, and Christine M. Ng and Sharon Wolfe, Miami, for appellee.

Before BARKDULL, NESBITT and LEVY, JJ.


On Motion for Clarification Granted

NESBITT, Judge.

A doctor appeals an adverse final judgment in a medical malpractice action. We reverse the judgment and award appellant a new trial.

In December 1985, Donald Darrach sustained a tibial (shinbone) fracture. A physician set the leg and put a cast on it. Because the fracture was not healing properly, the physician referred Darrach to the defendant, Dr. Ivan Barrios, to determine if surgery would...

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