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KEEL v. PSYCHIATRIC INSTITUTE OF DELRAY, INC.

No. 95-1273.

668 So.2d 691 (1996)

Frank KEEL, as Guardian of Kevin Keel, Petitioner, v. PSYCHIATRIC INSTITUTE OF DELRAY, INC., d/b/a Fair Oaks Hospital at Boca/Delray, David Gross, M.D., Mark Linden, M.D., Frederic Boltz, M.D., and South Florida Neurology Associates, P.A., Respondents.

District Court of Appeal of Florida, Fourth District.

February 28, 1996.

Attorney(s) appearing for the Case

Michael J. Ferrin of Bailey, Fishman, Freeman & Ferrin, West Palm Beach, for petitioner.

Carmen Y. Cartaya of McIntosh, Sawran & Craven, P.A., Fort Lauderdale, for respondents-Mark Linden, M.D., Frederic Boltz, M.D. and South Florida Neurology Associates, P.A.

John D. Kelner of Law Offices of John D. Kelner, Miami, for respondent-David Gross, M.D.

PER CURIAM.

Without prior court order or patient authorization, defense counsel representing a defendant physician in a medical malpractice lawsuit met ex parte with two treating physicians. When plaintiff's counsel learned of the meeting and subsequent communications, plaintiff filed a motion to strike the testimony of the physicians and motion for protective order.

Under the authority of Acosta v. Richter, 671 So.2d 149

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