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North Broward Hosp. Dist. v. Royster

District Court of Appeal of Florida, Fourth District
Jun 14, 1989
544 So. 2d 1131 (Fla. Dist. Ct. App. 1989)

Opinion

Nos. 87-0943, 87-1524, 87-2032 and 87-2890.

June 14, 1989.

Appeal from the Circuit Court, Broward County, Eugene S. Garrett, J.

Ellen Mills Gibbs; Peterson, Fogarty Bernard, Fort Lauderdale, Steven R. Berger and William G. Liston of Steven R. Berger, P.A., Miami, for appellant.

Carole A. Gardiner, P.A., and Arnold R. Ginsberg of Horton, Perse Ginsberg, Miami, for appellees.


In this medical malpractice action, the trial court entered a summary judgment on the issue of negligence in favor of the plaintiff. The appellant's purported expert affidavit in opposition to summary judgment provided in pertinent part:

[I]t is my opinion that the nurses, agents and employees of the Defendant, NORTH BROWARD HOSPITAL DISTRICT, d/b/a BROWARD GENERAL MEDICAL CENTER, acted well within accepted standards of care in this or any other similar medical community, based upon a reasonable degree of medical probability.

The trial court found, and we agree, that such a conclusory affidavit is insufficient to rebut specific allegations of medical negligence as contained in the plaintiff's affidavit. Brooks v. Serrano, 209 So.2d 279 (Fla. 4th DCA 1968). Accordingly, we affirm.

LETTS, GLICKSTEIN and POLEN, JJ., concur.


Summaries of

North Broward Hosp. Dist. v. Royster

District Court of Appeal of Florida, Fourth District
Jun 14, 1989
544 So. 2d 1131 (Fla. Dist. Ct. App. 1989)
Case details for

North Broward Hosp. Dist. v. Royster

Case Details

Full title:NORTH BROWARD HOSPITAL DISTRICT D/B/A BROWARD GENERAL MEDICAL CENTER…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 14, 1989

Citations

544 So. 2d 1131 (Fla. Dist. Ct. App. 1989)

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