Hamilton v. Duffy

ROMANG, Presiding Judge:

John Hamilton brought this action against Dr. R. L. Brown and the appellant, Dr. J. M. Duffy, both of whom were licensed and qualified Doctors of Osteopathy, for damages alleged to have been caused by medical malpractice. Hamilton sued as the surviving husband and as administrator of the estate of his deceased wife.

The evidence indicated that a sponge was left in the decedent’s abdominal cavity during the performance of a complete hysterectomy necessitated by a condition which proved to be cancerous. The presence of this sponge was established by exploratory surgery…