Barnes v. Gardner

Plaintiff applied for treatment to the Out-Patient Department of Metropolitan Hospital, a city institution operated by the city’s welfare department, and received such treatment commencing on or about June 22, 1937. The defendants, more particularly the three moving defendants (Kaufman, Clark and Serpico), were physicians and surgeons on the staff oí that hospital rendering gratuitous service. Plaintiff alleges that they advised and on or about June 26, 1937, performed on her an operation for umbilical hernia; that they were negligent and unskillful in that they left in her abdomen a surgical…