Hershel v. University Hospital Foundation

HARGRAVE, Justice.

Ray Hershel entered University Hospital for the purpose of correcting blood circulation anomalies by the application of an aorta femoral artery bypass procedure on December 30, 1976. During this procedure, a significant quantity of laparotomy pads were allowed to remain inside the decedent Ray Hershel’s abdomen. Twelve days later a second surgery was performed and these pads were removed, but the decedent’s condition continued to deteriorate until, on January 21, 1977, he died. Ruby Hershel, decedent’s surviving spouse, filed this action in tort for the wrongful death of her…