EDWARDS v. SIMON

No. 4D06-1502.

961 So.2d 973 (2007)

Frances EDWARDS, Appellant, v. Richard J. SIMON, M.D.; Orthopedic Center of South Florida, P.A., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 29, 2007.


Attorney(s) appearing for the Case

Donald Feldman, Tamarac, for appellant.

Roberta G. Mandel of Stephens Lynn Klein La Cava Hoffman & Puya, Miami, for appellees.


FARMER, J.

In this medical malpractice action, the trial court entered summary judgment in favor of the defendant surgeon because plaintiff failed to respond to the motion with an affidavit by an expert as to the standard of care. Because the discovery record reveals testimony by plaintiff's treating physician that the surgery was unnecessary, we conclude that the record discloses a triable issue of fact as to the standard of care and consequently reverse for further...

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