Florida District Courts of Appeal, 2000

Juarbe v. Gomez

Juarbe v. Gomez
Florida District Courts of Appeal · Decided May 17, 2000 · Glickstein, Hugh, Stone, Warner
762 So. 2d 534; 2000 Fla. App. LEXIS 5779; 2000 WL 628281 (Southern Reporter, Second Series)

Juarbe v. Gomez

Opinion of the Court

PER CURIAM.

In this medical malpractice action, we agree with the trial court that the specialty involved in this case is cytopathology. Therefore, we conclude that the trial court did not abuse its discretion in striking the plaintiffs expert, as he did not meet the definition of a “similar health care provider” within the meaning of section 766.102(2)(a), (b), or (c), Florida Statutes (1999). As to the remaining issue, we also agree with the trial court that the evidence did not raise a material issue of fact as to causation. See Gooding v. University Hosp. Bldg., Inc., 445 So.2d 1015, 1020 (Fla. 1984). The final summary judgment is therefore affirmed.

WARNER, C.J., STONE, J., and GLICKSTEIN, HUGH S., Senior Judge, concur.

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