Cowan v. Diaz-Padron

The plaintiff [Shelly Cowan] appeals from an adverse summary judgment in a medical malpractice action contending that there are genuine issues of material fact as to the alleged negligent diagnosis and treatment of the plaintiff’s spinal injuries by the defendant [Dr. Menilio Diaz-Padron]. We agree and reverse on the authority of Holl v. Talcott, 191 So.2d 40 (Fla.1966).

There remain genuine issues of material fact in the case including whether the defendant, consistent with the standards of reasonable medical care in the community, promptly administered and properly read the results of a…