87-0943, 87-1524, 87-2032 and 87-2890 | Fla. Dist. Ct. App. | Jun 14, 1989

544 So. 2d 1131" date_filed="1989-06-14" court="Fla. Dist. Ct. App." case_name="North Broward Hosp. Dist. v. Royster">544 So. 2d 1131 (1989)

NORTH BROWARD HOSPITAL DISTRICT d/b/a Broward General Medical Center, Appellant,
v.
Natasha ROYSTER, et al., Appellees.

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

District Court of Appeal of Florida, Fourth District.

June 14, 1989.

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.

PER CURIAM.

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" date_filed="1968-04-23" court="Fla. Dist. Ct. App." case_name="Brooks v. Serrano">209 So. 2d 279 (Fla. 4th DCA 1968). Accordingly, we affirm.

LETTS, GLICKSTEIN and POLEN, JJ., concur.

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