Thomas Farese v. Alan B. Aker, M.D. and Aker Kasten Eye Center, Inc.

Summary

The Florida Fourth District Court of Appeal reversed a final summary judgment entered for a doctor and his medical practice in a medical malpractice action arising from cataract surgery. The court held that the patient's expert testimony created genuine issues of material fact regarding the doctor's alleged failure to obtain a complete medical history, conduct an adequate pre-surgery examination, obtain an ophthalmology consultation, and provide appropriate care.

Holdings

1. Final summary judgment was improper because the patient's expert opinion created a genuine issue of material fact concerning the doctor's alleged negligence and proximate causation.
2. An expert need not use talismanic or precisely prescribed words expressly stating that the defendant's conduct was below the standard of care when the testimony, considered as a whole, creates a genuine issue of material fact.

Questions Presented

1. Whether final summary judgment was proper when the patient's expert testimony created a genuine issue of material fact concerning the doctor's alleged negligence and proximate causation.
2. Whether expert testimony must use precise or talismanic language expressly stating that the defendant's conduct fell below the standard of care to defeat summary judgment.

Disposition

reversed_and_remanded