Miller v. Atkins

Smith, Judge.

The appellant sued both the surgeon and the hospital for injuries he allegedly received during surgery. A summary judgment was granted in favor of the hospital, and after the close of the evidence the jury returned a verdict in favor of the surgeon. The appellant contends the trial court erred in its instructions to the jury regarding the surgeon’s responsibility for negligent acts of surgical attendants. We agree, and the judgment is reversed.

The surgery performed on the appellant required the application of saline hot packs to the area to reduce bleeding. Finding that the packs…