Baumgardner v. Yusuf

Opinion

DOI TODD, Acting P. J.

O’Greata L. Fields (Fields) suffered injuries from a sponge left in her leg during surgery.1 After settling with the hospital, she pursued a claim for negligence against the surgeon, respondent Frank M. Yusuf, and his professional corporation (collectively referred to as Dr. Yusuf). The jury found that Dr. Yusuf was not negligent. On appeal, Fields contends the trial court erred in refusing to instruct the jury on res ipsa loquitur, the nondelegable duty of a surgeon, and the “captain of the ship” doctrine. Based on Ales v. Ryan (1936) 8 Cal.2d 82 [64 P.2d 409]…