Opinion
No. 4D99-3595
Opinion filed August 16, 2000 Rehearing Denied October 6, 2000 JULY TERM 2000
Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Scott Kenney, Judge; L.T. Case No. 95-457 CA01.
Nathaniel L. Barone, Jr., Coral Gables, for appellant.
Janis Brustares Keyser of Gay, Ramsey Warren, P.A., West Palm Beach, for Appellee-Lawnwood Regional Medical Center, Inc.
A. Scott Noecker and Michael R. Jackson of Grower, Ketcham, More, Rutherford, Noecker, Bronson, Siboni Eide, P.A., Orlando, for Appellees-Darshan Shah and Southern Emergency Physicians.
In this medical malpractice action, the trial court determined that Appellant's expert was not qualified under section 766.102(6)(a)(b), Florida Statutes, to render an opinion as to the standard ofcare of emergency room physicians. See Franklin v. Public Health Trust of Dade County, 759 So.2d 703 (Fla. 3d DCA 2000) (physician lacking recent professional emergency care experience was not qualified to provide expert medical testimony under section 766.102(6)(a)(b), Florida Statutes). Appellant has failed to produce additional expert medical evidence in support of his claim and in contradiction of Defendants' expert witness, nor has he indicated an ability to secure such evidence. The final summary judgment is, therefore, affirmed. See Sims v. Helms, 345 So.2d 721 (Fla. 1977); Reynolds v. Burt, 359 So.2d 50 (Fla. 1st DCA 1978).
STONE, KLEIN, JJ., and OWEN, WILLIAM C., JR., Senior Judge, concur.