Walker v. Holbrook
Supreme Court of Minnesota
Action in the district court for Blue Earth county to recover $5,000 for malpractice. The case was tried before Pfau, J., who denied defendant’s motion to dismiss the action, and a jury which returned a verdict for $1,000. From an order denying his motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the CourtSchaller, J.
In the month of November, 1912, plaintiff was operated on for appendicitis and other troubles. Dr. A. O. Bjelland and defendant were the operating surgeons. In some way, not explained, a piece of gauze (sometimes denominated a sponge), was left in the body of the plaintiff and remained there until nearly a year afterward. One of the incisions made during the operation never healed. The presence of foreign matter, though the wound was inspected, was not demonstrated until parts of the gauze began to come from the wound. Dr. Bjelland died during the year 1913. Plaintiff, in January, 1911,…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Boos v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
- Wiita v. Interstate Iron Co.Supreme Court of Minnesota · 1908
3Cited by20 opinions
- Ault v. HallOhio Supreme Court · 1928
- Grant v. Touro InfirmarySupreme Court of Louisiana · 1969
- Becker v. Mayo FoundationSupreme Court of Minnesota · 2007
- Hestbeck v. Hennepin CountySupreme Court of Minnesota · 1973
- Miller v. RaaenSupreme Court of Minnesota · 1966
15 more not listed; retrieve them via the Exa API.