Waterman Memorial Hospital Ass'n v. Rigdon

W. TROY HALL, Jr., Circuit Judge.

This cause came on before me to be heard upon the hospital’s motion to dismiss Rigdon’s counterclaim which alleges three separate acts of negligence on the part of the hospital. It is alleged that the hospital injected blood plasma into Rigdon after he warned them that this particular unit of plasma had a distinctively unpleasant odor and appeared to be “bad, poisonous, spoiled or diseased.” Secondly, he alleges the hospital “negligently inserted and manipulated certain tubes and instruments into [his] body in such a negligent way as to cause severe bleeding.”…