Shockley v. Payne

CHAPMAN, Justice.

This is a malpractice case tried in Lubbock County against Dr. Clifford E. Payne, a medical doctor of Lubbock, Texas, appel-lee herein. Damages were sought by William J. Shockley and wife, Evelyn W. Shockley, for alleged negligence arising out of surgical procedure performed upon Mrs. Shockley, following which a small hole was discovered in her left ureter through which urine leaked out into the abdominal cavity and through the incision made to relieve bowel blockage.

On January 30, 1958, appellee performed surgery upon Mrs. Shockley for removal of an ovary. In 1945 he had…