MARSHALL v. STEIN

No. 94-0206.

662 So.2d 720 (1995)

Mattie MARSHALL, Appellant, v. Scott C. STEIN, M.D., Scott C. Stein, M.D., P.A., and North Broward Hospital District, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 29, 1995.


Attorney(s) appearing for the Case

Marsha L. Lyons of Lyons and Farrar, P.A., Coral Gables, for appellant.

Gary M. Farmer, Jr. of Bunnell, Woulfe & Keller, P.A., for Appellees-Scott C. Stein, M.D., and Scott C. Stein, P.A.

Linda R. Spaulding of Conrad, Scherer, James & Jenne, Fort Lauderdale, for Appellee-North Broward Hospital District.


KLEIN, Judge.

Plaintiff appeals a defense verdict in a medical malpractice action, arguing that the trial court erred in refusing to give a res ipsa loquitur jury instruction. We affirm.

After plaintiff's hysterectomy operation, Dr. Stein, the anesthesiologist, removed the breathing tube in the hospital recovery room and left to go to the lounge. Shortly thereafter a nurse observed plaintiff not breathing and called Dr. Stein, who returned immediately and...

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