Legal Opinion

Beck v. Holloway

District Court of Appeal of Florida

Decided April 27, 2006No. 1D04-2623Published

1Opinion of the CourtBenton, J.

Richard Allen Beck, an otolaryngologist, appeals the final judgment entered in the medical malpractice case Richard and Kim Holloway brought against him. We affirm the judgment insofar as it rejects his statute of limitations defense, but reverse and remand for a new trial on damages.

Five days after Dr. Beck operated to remove polyps from Richard Holloway’s sinuses, Mr. Holloway was diagnosed with *6meningitis attributed to streptococcus pneumoniae. Dr. Beck told Mr. Holloway and his wife that microorganisms must have reached his meninges (membranes surrounding the brain) through “natural…

2Cases cited7 opinions

  1. Binger v. King Pest ControlSupreme Court of Florida · 1981
  2. Dodson v. PersellSupreme Court of Florida · 1980
  3. Tanner v. HartogSupreme Court of Florida · 1993
  4. La Villarena, Inc. v. AcostaDistrict Court of Appeal of Florida · 1992
  5. Huet v. TrompDistrict Court of Appeal of Florida · 2005

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