MEYER v. CARUSO

No. 98-0619.

731 So.2d 118 (1999)

Donald C. MEYER, as Personal Representative of the Estate of Ann Meyer, deceased, Appellant, v. Phillip A. CARUSO, M.D., Appellee.

District Court of Appeal of Florida, Fourth District.

April 21, 1999.


Attorney(s) appearing for the Case

John L. Walkden of the Law Offices of John L. Walkden, Fort Lauderdale, for appellant.

Gina E. Caruso of Hinshaw & Culbertson, Fort Lauderdale, for appellee.


FARMER, J.

During trial in this medical malpractice action, the judge struck the entire testimony of plaintiff's only expert witness on the standard of care and then directed a verdict in favor of defendant. Because we conclude that the basis for striking the testimony was legal error, we reverse.

Plaintiff's decedent suffered from cervical cancer in 1989 and underwent surgery by defendant, who appears to be a gynecology-oncology surgeon, to remove the affected...

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