Fox v. Green

HUDSON, Judge.

This appeal arises from the grant of summary judgment in favor of defendants dismissing plaintiffs cause of action. For the following reasons, we reverse in part, affirm in part and remand.

On 4 March 1999, plaintiff, Rosa Childers Fox, filed a complaint against Ray L. Green, M.D., Statesville Clinic for Obstetrics and Gynecology, and Davis Community Hospital, alleging that during the delivery of her child at Davis Hospital, Dr. Green negligently left sponges in Ms. Fox’s body that caused her pain and suffering and that necessitated a second surgery for their removal. On 23 May…