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RODRIGUEZ v. PINO

Nos. 91-2119, 92-729.

634 So.2d 681 (1994)

Jose RODRIGUEZ, M.D., and Barrio & Rodriguez, M.D., P.A., Appellants, v. Roberto PINO, as survivor and personal representative of the Estate of Albertina Berta Pino, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 26, 1994.

Attorney(s) appearing for the Case

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

Keith Chasin, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and LEVY, JJ.

SCHWARTZ, Chief Judge.

Dr. Jose Rodriguez and his P.A. appeal from a final judgment entered on a jury verdict against him in a medical malpractice action for the wrongful death of Berta Pino.1 Mrs. Pino died as a result of respiratory failure on July 24, 1987. Her breathing tube2 became dislodged that day and she and Mr. Pino refused, for more than four hours, to allow the medical personnel to reinsert it....

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