Marsland v. Julien

District Court of Appeal of Florida

Marsland v. Julien

334 So. 2d 265, 1976 Fla. App. LEXIS 15688

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 1976

DocketNo. 75-792

StatusPublished

Cited by1 cases

This text of 334 So. 2d 265 (Marsland v. Julien) 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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Marsland v. Julien, 334 So. 2d 265, 1976 Fla. App. LEXIS 15688 (Fla. Ct. App. 1976).

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Opinion

PER CURIAM.

The plaintiff in a medical malpractice action appeals from a summary judgment entered in favor of the defendant. We find error, and reverse.

Upon examination of the record, and consideration of the briefs and argument, we hold a genuine issue of material fact was presented, as to whether there was informed consent of the plaintiff (patient) for the operation. No useful purpose would be served by reciting the deposition testimony of the parties bearing thereon. With regard to negligence as an issue in the case, see Helms v. Sims, Fla.App.1976, 330 So.2d 71, recently decided by this court.

The summary judgment is reversed, and the cause is remanded for further proceedings.

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PER CURIAM.

The plaintiff in a medical malpractice action appeals from a summary judgment entered in favor of the defendant. We find error, and reverse.

Upon examination of the record, and consideration of the briefs and argument, we hold a genuine issue of material fact was presented, as to whether there was informed consent of the plaintiff (patient) for the operation. No useful purpose would be served by reciting the deposition testimony of the parties bearing thereon. With regard to negligence as an issue in the case, see Helms v. Sims, Fla.App.1976, 330 So.2d 71, recently decided by this court.

The summary judgment is reversed, and the cause is remanded for further proceedings.

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334 So. 2d 265, 1976 Fla. App. LEXIS 15688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsland-v-julien-fladistctapp-1976.

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