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Price v. JFK Medical Center, Inc.

District Court of Appeal of Florida, Fourth District
Apr 7, 1992
595 So. 2d 202 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-0025.

February 26, 1992. Rehearing Denied April 7, 1992.

Appeal from the Circuit Court for Palm Beach County; Edward Garrison, Judge.

Arnold R. Ginsberg, Perse, P.A., Ginsberg, P.A., and Broad and Cassel and Spector Fogarty, P.A., Miami, for appellants.

Philip D. Parrish and Robert M. Klein, Stephens, Lynn, Klein McNicholas, P.A., Miami, for appellee.


In this medical negligence and wrongful death action, the trial court found as a matter of law that the allegedly negligent anesthesiologist was an independent contractor, not an agent or employee of the defendant hospital. We reverse the summary judgment entered in favor of JFK Medical Center because the relationship between hospital and doctor, as here, is often unclear and raises a question for the jury. Public Health Trust of Dade County v. Valcin, 507 So.2d 596 (Fla. 1987); see also Garcia v. Tarrio, 380 So.2d 1068 (Fla. 3d DCA 1980).

REVERSED AND REMANDED for further proceedings consistent herewith.

HERSEY, GUNTHER and FARMER, JJ., concur.


Summaries of

Price v. JFK Medical Center, Inc.

District Court of Appeal of Florida, Fourth District
Apr 7, 1992
595 So. 2d 202 (Fla. Dist. Ct. App. 1992)
Case details for

Price v. JFK Medical Center, Inc.

Case Details

Full title:STACY PRICE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF BARRY PRICE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Apr 7, 1992

Citations

595 So. 2d 202 (Fla. Dist. Ct. App. 1992)

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