Mayland L. Clark v. Albert Gulesian

ALDRICH, Chief Judge.

This is a diversity action for malpractice. In 1952, when the plaintiff was ten years old, he was given emergency surgical treatment by the defendant physician. Allegedly his health was poor thereafter, and in 1969 he underwent further surgery. Allegedly at this time a towel was discovered in his abdomen which had been left there during the original operation and which had continuously interfered with his digestive system, and consequently caused his poor health. Defendant pleaded the Maine statute of limitations. Concededly this statute applies, and, concededly, under…