Rogers v. Duke

OPINION

DUGGAN, Justice.

This is an appeal from a summary judgment granted in a medical malpractice case. Dr. Duke, appellee, performed an emergency operation on appellant, Frank Rogers, in December 1981. Appellee was assisted by several other licensed physicians and surgical nurses. During the surgery, appellee repaired a torn spleen and rejoined the intestine. After performing that procedure, appellee turned the job of completing the surgery over to the assistant surgeons, and left the operating room. Appellant’s surgery involved the use of a number of surgical sponges. The sponge count…