District Court of Appeal of Florida

The borrowed servant doctrine does not apply as a matter of law in a post-operative setting and is limited to surgical and other closely related procedures. A judgment finding defendant-hospital not negligent for medical malpractice is affirmed where one claim of error raised on appeal was unpreserved and neither of the other issues presented reversible error with regards to claims regarding the borrowed servant defense and instruction, and a denial of a motion for a new trial based on the hospital's misconduct during trial.

Appellate Information

• Decided 10/26/2006
• Published 10/26/2006

Judges

• THOMAS, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Tracy S. Carlin of Mills & Carlin, P.A., Jacksonville, for Appellants.


• For Appellees:
  
• William E. Kuntz, Earl E. Googe, Jr., and Michael H. Harmon of Smith Hulsey & Busey, Jacksonville, for Appellee.