Prewett v. Philpot

Smith, G. J.,

delivered the opinion of the court.

This is a suit by Cortez Prewett, a minor, by his father and next friend, against Dr. Yan Philpot and the Houston Hospital, for an injury which he alleges he received because of the negligence of Dr. Philpot and the hospital while a surgical operation .was being performed on him at the hospital by Dr. Philpot.

The operation was for appendicitis, and was performed by Dr. Philpot in an operating room of the hospital at night in June. One or more windows to the room were left open during the operation; they were screened with wire, but a large…