Ross v. Chatham County Hospital Authority

Banke, Presiding Judge.

The appellant filed this medical malpractice action to recover for injuries caused by the failure to remove a surgical instrument from his abdomen during an operation which was performed at the appellee hospital in 1974. Based on application of the “locality rule,” the trial court granted partial summary judgment to the hospital as to the allegation that its operating room employees had been under an independent duty to conduct an instrument count during the operation. However, the court rejected the hospital’s contention that the “borrowed-servant” doctrine operated to…