Opinion

Rule v. Cheeseman

  • 181 Kan. 957
  • 317 P.2d 472
  • 1957 Kan. LEXIS 436
Court
Supreme Court of Kansas
Filed
Nov 9, 1957
Status
Published
Author
Price
On the bench
Robb, Price, Parker
Cited by
32 cases

applying the common knowledge exception when the physician failed to remove gauze from a patient's abdomen after surgery

How later courts described this case

  • applying the common knowledge exception when the physician failed to remove gauze from a patient's abdomen after surgery
  • applying exception when sponge was left in patient after surgery
  • no expert testimony needed where a surgical sponge was left in patient after surgery, which resulted in severe pain and a second operation
  • inference of negligence when physician failed to remove gauze from the patient's abdomen after gallstone surgery

Written by the judges who cited it.

The opinion

Price, J.,

dissenting: No one will deny the existence of negligence in this case, but in my opinion the trial court was correct in holding that it is simply a case in which plaintiff sued the wrong man.

Parker, C. J., concurs in the foregoing dissenting opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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