Leon v. Fox
Leon v. Fox
Opinion of the Court
At the conclusion of all the evidence in the plaintiffs malpractice case against Dr. Lee Abramsohn and Dr. Gregory Fox, the trial judge reserved ruling on Fox’s motion for directed verdict, stating that while she believed that he was indeed entitled to judgment, she would postpone ruling until the verdict was returned.
On the merits, we agree that the plaintiffs case against Dr. Fox was insufficient as a matter of law as to both of the acts of malpractice with which he was charged:
(a) The claim that Dr. Fox had departed from reasonable standards of practice in not ordering a particular x-ray was not supported by expert (or any other) evidence that his failure to do so fell below the pertinent standard of care.
(b) While there was testimony that certain antibiotics were prescribed in an improperly inadequate quantity, the record conclusively established that Dr. Abram-sohn, and not Dr. Fox, was responsible.
We also find no merit in the plaintiffs alternative, procedural argument for reversal. See M-5 Communications, Inc. v. ITA Telecommunications, Inc., 708 So.2d 1039 (Fla. 3d DCA 1998); Ole, Inc. v. Yariv, 566 So.2d 812 (Fla. 3d DCA 1990); Sobel v. Jefferson Stores, Inc., 459 So.2d 433 (Fla. 3d DCA 1984). See generally Pascual v. Dozier, 771 So.2d 552 (Fla. 3d DCA 2000); Salcedo v. Asociacion Cubana, Inc., 368 So.2d 1337 (Fla. 3d DCA 1979), cert. denied, 378 So.2d 342 (Fla. 1979).
Affirmed.
. We again commend this practice. Dysart v. Hunt, 383 So.2d 259, 260 n. 1 (Fla. 3d DCA 1980), pet. for review denied, 392 So.2d 1373 (Fla. 1980); Freeman v. Rubin, 318 So.2d 540 (Fla. 3d DCA 1975); Ditlow v. Kaplan, 181 So.2d 226 (Fla. 3d DCA 1965).
. Dr. Abramsohn’s post-trial motions were denied.
. There was, in contrast, expert testimony both that Dr. Fox’s conduct was appropriate and that Dr. Abramsohn’s, in this and several other respects, was not.
. See supra note 3.
. Our holding that the evidence was insufficient to establish that Dr. Fox's conduct breached the applicable standard of care renders it unnecessary to reach any of the other grounds asserted for affirmance on the merits.
Reference
- Full Case Name
- Ignacio LEON v. Gregory FOX, D.O.
- Cited By
- 1 case
- Status
- Published