MT. SINAI HOSP., GR. MIAMI v. MEDINA, 484 So.2d 638 (Fla.App. 3 Dist. 1986)

MT. SINAI HOSPITAL OF GREATER MIAMI, INC., FLORIDA PATIENT’S COMPENSATION FUND AND VARIETY CHILDREN’S HOSPITAL, A FLORIDA CORPORATION, APPELLANTS. v. ALEJANDRO MEDINA AND ZULEMA MEDINA, AND JAVIER MEDINA, A MINOR, APPELLEES. ALEJANDRO MEDINA AND ZULEMA MEDINA, AND JAVIER MEDINA, A MINOR, APPELLANTS. v. MT. SINAI HOSPITAL OF GREATER MIAMI, INC., FLORIDA PATIENT’S COMPENSATION FUND AND VARIETY CHILDREN’S HOSPITAL, A FLORIDA CORPORATION, APPELLEES.

Nos. 84-2743, 84-2754, 84-2782, 85-392 and 85-393.District Court of Appeal of Florida, Third District.
March 11, 1986.

Appeals from the Circuit Court for Dade County; Leonard Rivkind, Judge.

Kelner Kelner and Milton Kelner, Talburt, Kubicki, Bradley
Draper and Betsy E. Gallagher, Miami, Milton D. Adkins and H. Lawrence Hardy, Coral Gables, for appellants/cross-appellees.

Horton, Perse Ginsberg and Edward Perse, Ratiner Glinn, Miami, for appellees/cross-appellants.

Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.

PER CURIAM.

We affirm the final judgment upon a holding that the expert testimony and evidence presented by the Medinas constitute sufficient proof that the injury to their infant son “more likely than not resulted from the [hospitals’] negligence . . . [and that what the doctors] failed to [do] probably would have affected the outcome.” Gooding v. University Hospital Building, Inc., 445 So.2d 1015, 1020 (Fla. 1984). Thus, the trial court did not err in declining to direct verdicts for appellants and in submitting the cause for jury determination.

We find no merit in the remaining arguments advanced by the parties.

Affirmed.