Westbrook v. Lea General Hospital

OPINION

LOPEZ, Judge.

This action arose from the alleged malpractice of the defendants. Plaintiffs introduced evidence that, after surgery, a f-ube was allowed to slip into Peggy West-brook’s abdomen. The theory of liability against the hospital was that a nurse, employed by the hospital, was present when the incident occurred but failed to report the incident. Plaintiffs called the nurse as a witness. The nurse denied that she saw the tube incident. The court held that plaintiffs were bound by the nurse’s testimony and announced to the jury that Lea General Hospital had been dismissed from the…