Childers v. Tauber

I must respectfully dissent. It is my opinion that by the very nature of the pleadings, appellant has engineered her own downfall. In essence the complaint shows that on March 9, 1976, the defendant doctor performed a surgical operation for the removal of a stone and in the course thereof negligently left a sponge in the patient’s bladder. This negligence necessitated a second operation on July 21, 1976, during which the presence of the sponge was detected and removed. The complaint asserts that as a direct result of this negligence, pain and suffering, additional expense and ultimately death…