Hunt v. Gerber
| Decision Date | 07 July 1964 |
| Docket Number | No. 63-613,63-613 |
| Parties | Joseph HUNT, Sr., individually and as Administrator of the Estate of Jessie Bell Hunt, deceased, Appellant, v. Paul U. GERBER, Jr., and Metropolitan Dade County, a Political subdivision of the State of Florida, d/b/a Kendall Hospital, Appellees. |
| Court | Florida District Court of Appeals |
Papy & Carruthers and Ronald W. Vogler, Miami, for appellant.
Brigham & Dence, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and John W. Thornton, Miami, for appellees.
Before BARKDULL, C. J., and HORTON and HENDRY, JJ.
This appeal is from an adverse summary judgment in a malpractice suit. The summary judgment was entered before answer by the appellees and mainly upon the deposition of the attending physician, the appellee Gerber, and certain hospital records.
The appellant contends in the main that the appellees failed to accord to appellant's decedent the attention and care required for a person recovering from an operation.
The appellant's decedent, after an operation and while still under the effects of anesthesia, was removed to the recovery room of the hospital at approximately 2:40 in the afternoon of July 25, 1962. The appellee Gerber, attending physician, testified that when the decedent was removed from the operating room, she was breathing sufficiently well to permit the removal of the endotracheal tube and she was thereafter placed in the care of the recovery room nurse. The deceased was next seen by appellee Gerber in the recovery room. She was found to be breathing properly and her blood pressure and pulse were relatively normal for a patient who had undergone an operation. The appellee Gerber then left the decedent and was allegedly recalled to the recovery room at approximately 5:00 P. M., when the decedent's breathing rate had dropped to less than ten breaths per minute. The appellee Gerber never left the hospital but instead was within approximately thirty feet of the recovery room at all times conducting examinations of other patients. The breath rate of the decedent, according to the hospital chart, apparently began to drop at around 3:15 on the afternoon of the operation. The decedent expired at 9:20 P.M., on July 27th, apparently without having regained consciousness.
The appellant strenuously contends that the hospital records as well as the testimony in the deposition of appellee Gerber are sufficient to demonstrate the...
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Wale v. Barnes
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Blackwell v. Southern Florida Sanitarium & Hospital Corp., s. 64-392
...testimony. 3 Accordingly, the judgments appealed are affirmed. Affirmed. 1 Fla.1956, 99 So.2d 575, 577, 72 A.L.R.2d 391.2 Hunt v. Gerber, Fla.App.1964, 166 So.2d 720.3 Atkins v. Humes, Fla.1959, 110 So.2d 663, 81 A.L.R.2d ...
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