TOMLIAN EX REL. TOMLIAN v. GRENITZ

No. 4D00-654.

782 So.2d 905 (2001)

Jacob Thomas TOMLIAN, a minor, By and Through his parents and natural guardians, Dora Lee TOMLIAN and Kevin James Tomlian, and Dora Lee Tomlian and Kevin James Tomlian, individually, Appellants, v. Mark S. GRENITZ, M.D., Mark S. Grenitz, M.D., P.A., Humana of Florida, Inc. d/b/a Humana Hospital-Bennett, n/k/a Columbia Hospital Corporation of South Broward d/b/a Westside Regional Medical Center, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 2, 2001.


Attorney(s) appearing for the Case

Sheldon J. Schlesinger, P.A., Ft. Lauderdale, and Todd R. Schwartz of Ginsberg & Schwartz, Miami, for appellants.

Debra Potter Klauber of Haliczer, Pettis & White, P.A., Ft. Lauderdale, for Appellees-Mark S. Grenitz, M.D. and Mark S. Grenitz, M.D., P.A.

Clark J. Cochran, Jr. and Hal B. Anderson of Billing, Cochran, Heath, Lyles & Mauro, P.A., Ft. Lauderdale, for Appellee-Humana Hospital.


KLEIN, J.

Plaintiffs appeal a judgment based on a defense verdict in a medical malpractice case, arguing that the trial court erred in precluding a neuropsychologist from testifying as to why he believed their baby's brain damage occurred during birth, and not earlier in the pregnancy. We reverse for a new trial.

After what appeared to be a normal pregnancy, plaintiffs' son was born with significant brain damage known as cerebral palsy, resulting from oxygen...

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