PHILIPPON v. SHREFFLER

Nos. 4D07-4104, 4D07-4105, 4D07-4430, 4D08-28, 4D08-2075, 4D08-2254.

33 So.3d 704 (2010)

Marc J. PHILIPPON, M.D., and Holy Cross Hospital, Inc., d/b/a Holy Cross Medical Group; Holy Cross Hospital, Inc., d/b/a Holy Cross Hospital; Holy Cross Health Corporation d/b/a Holy Cross Hospital, Inc., Appellants, v. Katie SHREFFLER and Smith & Nephew Endoscopy, Inc., f/k/a Smith & Nephew Dyonics, Inc.; Smith & Nephew, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 4, 2010.


Attorney(s) appearing for the Case

Mark Hicks, Dinah Stein, and Brett Powell of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, and Thomas C. Heath of Heath & Carcioppolo, Chartered, Fort Lauderdale, for Marc J. Philippon, M.D. and Holy Cross Hospital.

Scott M. Newmark, Crane A. Johnstone and Sheldon J. Schlesinger of Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Bard D. Rockenbach and Philip M. Burlington of Burlington & Rockenbach, P.A., West Palm Beach, for Katie Shreffler.

Gary L. Sanders and Susan J. Cole of Bice Cole Law Firm, P.L., Ocala, for Smith & Nephew.


LEVINE, J.

These consolidated appeals and cross-appeal in this medical malpractice action present several issues regarding the patient's introduction of two witnesses and evidence of the surgeon's medical privileges, as well the closing argument by patient's counsel. Specifically, appellants raise on appeal the following for consideration: whether the trial court improperly allowed the expert opinion of the patient's treating physician; whether the trial court improperly...

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