Fetell v. Drexler

District Court of Appeal of Florida

Fetell v. Drexler

422 So. 2d 89, 1982 Fla. App. LEXIS 21716

CourtDistrict Court of Appeal of Florida

DecidedNovember 23, 1982

DocketNo. 82-823

StatusPublished

Cited by3 cases

This text of 422 So. 2d 89 (Fetell v. Drexler) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fetell v. Drexler, 422 So. 2d 89, 1982 Fla. App. LEXIS 21716 (Fla. Ct. App. 1982).

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Opinion

PER CURIAM.

We reverse the summary final judgment in favor of Alan Drexler, M.D., upon a holding that a factual basis is a necessary prerequisite to the conclusion that plaintiff’s board-certified surgeon could not testify against a board-certified radiologist regarding the standard of care required during the administration of a diagnostic barium enema. § 768.45(2)(c), Fla.Stat. (1977); see Chenoweth v. Kemp, 396 So.2d 1122 (Fla.1981).

On remand we direct that plaintiff be given an opportunity to establish the qualifications of his expert regarding the administration of the test in question. Chenoweth, 396 So.2d at 1125.

Reversed and remanded with directions.

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PER CURIAM.

We reverse the summary final judgment in favor of Alan Drexler, M.D., upon a holding that a factual basis is a necessary prerequisite to the conclusion that plaintiff’s board-certified surgeon could not testify against a board-certified radiologist regarding the standard of care required during the administration of a diagnostic barium enema. § 768.45(2)(c), Fla.Stat. (1977); see Chenoweth v. Kemp, 396 So.2d 1122 (Fla.1981).

On remand we direct that plaintiff be given an opportunity to establish the qualifications of his expert regarding the administration of the test in question. Chenoweth, 396 So.2d at 1125.

Reversed and remanded with directions.

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422 So. 2d 89, 1982 Fla. App. LEXIS 21716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fetell-v-drexler-fladistctapp-1982.

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