Winchester v. Chabut

The defendant, a. physician, appeals from a judgment for plaintiff for malpractice.

In performing an open surgery reduction of a comminuted fracture of plaintiff’s right femur, defendant is alleged to have been negligent in two respects:. (1) Leaving a cotton gauze surgical sponge in the incision when the wound was closed by sutures and: (2) failure to reopen and explore the operative area dowrn to the bone when abscesses formed on the upper right leg several months after the operation. Plaintiff claims that because of the presence of the sponge infection occurred, causing abscesses from which…