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.