Cohen v. Cooper
20 So. 3d 453 (Fla. 4th DCA 2009) (October)
The patient experienced terrible eye and jaw pain the morning after getting a face lift. She went back to the doctor and continued to treat with him for reoccurring eye and eye lid problems and facial scaring until she commenced a medical malpractice action against him around two years later. The judge granted partial summary judgment to the doctor regarding the eye and eye lid, finding that the statute of limitations had run. The jury then found for the doctor in a trial that dealt only with the scaring. The district court reversed the partial summary judgment pointing out that the doctor had assured the patient of a “slow recovery” while treating her and holding that the concept of estoppel barred the doctor from then using that long period as a sword against the plaintiff.