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DOCKSWELL v. BETHESDA HOSP.

No. SC15-2294.

210 So.3d 1201 (2017)

Simon DOCKSWELL, et al., Petitioners, v. BETHESDA MEMORIAL HOSPITAL, INC., etc., Respondent.

Supreme Court of Florida.

January 26, 2017.

Attorney(s) appearing for the Case

Geoffrey Bennett Marks of Billbrough & Marks, P.A., Coral Gables , Florida, for Petitioners.

William T. Viergever of Sonneborn Rutter Cooney Viergever Burt & Lury, P.A., West Palm Beach, Florida, for Respondent.

Roy D. Wasson of Wasson & Associates, Chartered, Miami, Florida, for Amicus Curiae Florida Justice Association.

The issue presented involves the interpretation of section 766.102(3)(b), Florida Statutes (2011) (the foreign-body presumption of negligence) — specifically whether, in a medical malpractice case involving a foreign body left inside a patient's body, the burden of proof shifts to the defendant to prove that no medical negligence...

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