Fetell v. Drexler
Florida District Courts of Appeal
Fetell v. Drexler, 422 So. 2d 89 (1982)
1982 Fla. App. LEXIS 21716
Genson, Jor, Nesbitt, Schwartz
Fetell v. Drexler
Opinion of the Court
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.
Reference
- Full Case Name
- Milton FETELL, as Personal Representative of the Estate of Sally Fetell, and Milton Fetell, as husband of Sally Fetell v. Alan DREXLER, M.D.
- Cited By
- 3 cases
- Status
- Published