Kaplan v. State

—Appeal from a judgment of the Court of Claims in favor of claimant, entered April 4, 1950. Claimant was a patient in a State mental hospital where his personal control as well as treatment were managed by officers and employees of the State. In the course of an operation to correct an injury received during shock therapy, a drill point in an instrument used by the surgeon broke and was left in the bone. Leaving the drill point in the bone under the conditions existing during this operation was found by the Court of Claims not to have been negligent. But the court found that drainage from the…