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DAMPF v. FURST

No. 93-384.

624 So.2d 368 (1993)

Felix DAMPF and Helen Dampf, His Wife, Appellants, v. Alex FURST, M.D.; Furst, Erbesfeld, Jude and Boe, M.D., P.A., a Florida Professional Association; James R. Margolis, M.D.; Richard A. Kreiger, M.D.; Margolis, Simon, Midwall & Kreiger, M.D., P.A., a Florida Professional Association; and South Miami Hospital, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 26, 1993.

Attorney(s) appearing for the Case

Freidin, Hirsh & Gerrard and Gary Gerrard, Miami, for appellants.

Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Ft. Lauderdale, for appellees Alex Furst, M.D., and Furst, Erbesfeld, Jude and Boe, M.D., P.A.

Kubicki, Draper, Gallagher & McGrane, Miami, for appellees James R. Margolis, M.D., Richard A. Kreiger, M.D., and Margolis, Simon, Midwall & Kreiger, M.D., P.A.

O'Connor & Lemos, Coral Gables, for appellee South Miami Hosp., Inc.

Before FERGUSON, COPE and GODERICH, JJ.

PER CURIAM.

Felix Dampf filed this medical malpractice action within two years after discovering, in 1990, that he had acquired the HIV virus from a 1984 blood transfusion during openheart surgery. He alleged that the defendants knew of the substantial risks of contracting the deadly disease from the procedure but negligently failed to obtain his informed consent. Further, he alleged, the defendants ignored his request to obtain blood from his relatives if a transfusion...

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