SALINETRO V. NYSTROM
341 So.2d 1059 (1977)
NATURE OF THE CASE: Salinetro (P), patient and her husband, sought review of the order of
the trial court that entered an adverse final judgment pursuant to a directed verdict for
Nystrom (D) in P's action for alleged medical malpractice.
FACTS: Salinetro (P) was in an auto accident and underwent a medical examination for back
injuries sustained. Unknown to P, she was pregnant and neither the treating doctor, Nystrom
(D) nor the receptionist or the x-ray technician inquired regarding her last menstrual
period. Subsequently P suspected she was pregnant and was advised to terminate the pregnancy
as the fetus would have been damaged from the x-rays. The fetus was dead at the time of the
abortion. P sued D for medical malpractice. P sued D for malpractice. Dr. Aldereguia was
called as a witness for P but the trial judge refused to allow him to testify as an expert
with respect to whether or not the conduct of D fell below the standard of medical care on
the ground that Dr. Aldereguia was a specialist in obstetrics and gynecology, not radiology.
D moved for a directed verdict on the ground she failed to make a prima facie case of
medical malpractice. The trial judge granted the motion and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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