Cruz v. Plasencia
District Court of Appeal of Florida
1Opinion of the Court
LEVY, Judge.
Martha Cruz (“Personal Representative”) appeals the entry of Final Judgment in favor of Dr. Gustavo Plasencia in a medical malpractice action after a jury trial, alleging that the trial court erred in refusing to give Florida Standard Jury *459Instruction 5.1(b) on concurrent causation. We agree and reverse for a new trial.
Marta Godoy (“the decedent”) suffered from diverticulosis, a condition affecting the colon. The decedent was admitted into the hospital for a colonoscopy to be performed by Dr. Richard Hernandez. During the procedure, Dr. Hernandez perforated the decedent’s colon. A…
2Cases cited11 opinions
- Goldschmidt v. HolmanSupreme Court of Florida · 1990
- Futch v. HeadDistrict Court of Appeal of Florida · 1987
- Gallagher v. Federal Ins. Co.District Court of Appeal of Florida · 1977
- Grimm v. Prudence Mutual Casualty CompanySupreme Court of Florida · 1971
- Goodman v. BeckerDistrict Court of Appeal of Florida · 1983
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