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DUSS v. GARCIA

No. 1D10-5460.

80 So.3d 358 (2012)

Daniel DUSS, A Minor Child, by and Through Regions Bank, The Guardian of his Property, Appellant, v. Martin A. GARCIA, M.D., an Individual; North Florida Obstetrical & Gynecological Associates, P. A., a Florida for Profit Professional Association, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied March 2, 2012.

Attorney(s) appearing for the Case

Rebecca Bowen Creed of Creed & Gowdy, P.A., Jacksonville, for Appellant.

Shelley H. Leinicke and Richard E. Ramsey of Wicker, Smith, O'Hara, McCoy & Ford, P.A., Ft. Lauderdale, for Appellees.

MARSTILLER, J.

This is an appeal from a final judgment in a medical malpractice lawsuit.

Daniel Duss was diagnosed with cerebral palsy shortly after his birth on December 3, 2002. In 2003, a lawsuit was filed on his behalf alleging that the obstetrician who delivered him, Martin A. Garcia, M.D., was negligent in using a fetal vacuum extractor during the delivery, and that his negligence caused Daniel to sustain a brain injury, leaving him with cerebral palsy...

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