ARTHUR SCOZARI, AS ADMINISTRATOR OF THE ESTATE OF TERESA SCOZARI, APPELLANT,
v.
MICHAEL S. MUSCARELLA, M.D., APPELLEE
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PER CURIAM.
The affidavit of a physician relied on by plaintiff in opposing defendant’s motion for summary judgment should not have been stricken on the ground that affiant’s specialty was different from that of the alleged malpractitioner/ophthalmologist. The subject matter of the affidavit — the continuing responsibility of a referring physician to coordinate his treatment plan with that of the referred to physician — was pertinent to the practice of medicine in general and had no limitation as to medical specialty. See § 768.45(2)(c)(2), Fla.Stat. (1981); see also Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.1981) (in medical malpractice action against a specialist of obstetrics-gynecology and an anesthesiologist, trial court improperly refused to allow two neurosurgeons to testify concerning standard of care involving positioning of patient on operating table). When the subject affidavit is considered, as it should have been, it does not appear conclusively that there are no genuine issues of material fact. See Holl v. Talcott, 191 So. 2d 40, 45 (Fla.1966).
Reversed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Brown v. M. David Sims, M.D., 538 So. 2d 901 (Fla. 3d DCA 1989)…supreme court held that a neurologist was competent to testify as to matters of a gynecologist’s presurgical standard of medical care. Chenoweth v. Kemp, 396 So. 2d 1122 (Fla.1981). The holding has been followed by this court, Scozari v. Muscarella, 434 So. 2d 27 (Fla. 3d DCA 1983); Fetell v. Drexler, 422 So. 2d 89 (Fla. 3d DCA 1982), and is a settled rule of law in this state, Wright v. Schulte, 441 So. 2d 660 (Fla. 2d DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984); Mitchell v. Angulo, 416 So. 2d 910 (Fl…
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Fass v. Coralluzzo, 559 So. 2d 390 (Fla. 3d DCA 1990)…, 1152 (Fla. 2d DCA 1987); City of Hialeah v. Rehm, 455 So. 2d 458, 460 (Fla. 3d DCA 1984), rev. denied, 462 So. 2d 1107 (Fla.1985); Wright v. Schulte, 441 So. 2d 660 (Fla. 2d DCA 1983), rev. denied, 450 So. 2d 488 (Fla.1984); Scozari v. Muscarella, 434 So. 2d 27 (Fla. 3d DCA 1983); Reinhart v. Seaboard Coast Line Railway Company, 422 So. 2d 41, 44 (Fla. 2d DCA 1982), rev. denied, 431 So. 2d 988 (Fla.1983); Mitchell v. Angulo, 416 So. 2d 910, 912 (Fla. 5th DCA 1982); compare Johnston v. Penrod Drilling Compa…
Authorities Cited
- Gory Roofing Tile Mfg., Inc. v. Davison, 191 So. 2d 40 (Fla. 1966)
- Chenoweth v. William L. Kemp, M.D., 396 So. 2d 1122 (Fla. 1981)