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OLESKY v. STAPLETON

Nos. 2D11-5147, 2D12-4168.

123 So.3d 592 (2013)

Edward R. OLESKY, as Personal Representative of the ESTATE OF Ann E. OLESKY, Deceased, Appellant, v. Dennis J. STAPLETON, M.D.; Gulf Coast Cardiothoracic Surgeons, P.L.; and Joseph R. Deily, P.A., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 21, 2013.

Attorney(s) appearing for the Case

George A. Vaka and Nancy A. Lauten of Vaka Law Group, Tampa; and Mark S. Weinstein and Marvin Weinstein of Weinstein & Weinstein, P.A., Weston, for Appellant.

Robert J. Cousins and Scott Sankey of Quintairos, Prieto, Wood & Boyer, P.A., Fort Myers; and Mark Hicks , Dinah S. Stein , and Shannon Kain of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for Appellees.

CRENSHAW, Judge.

Days after undergoing heart valve surgery, sixty-one-year-old Ann Olesky died at Naples Community Hospital. Her husband, Edward Olesky, as personal representative of Mrs. Olesky's estate (the Estate), brought a wrongful death action against defendants Dennis J. Stapleton, M.D., Gulf Coast Cardiothoracic Surgeons, and Joseph R. Deily, P.A. based on medical malpractice.1 The first trial concluded by mistrial because of a...

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