$75,000
Medical Malpractice
Case results reflect publicly available information reported by the listed law firms. They are not results obtained by ThatCarHitMe.com. Every case is unique and must be evaluated on its own facts. Prior results do not guarantee a similar outcome. The results shown are not necessarily representative of all results obtained by these firms. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.
Case Details
Survivor brought medical malpractice wrongful death and survivor claims against surgeon and others. Jury returned verdict of $75,000 on wrongful death claim and nothing on survivor claim and survivor's motion for new trial was granted by the District Court of the First Judicial District, County of Lewis & Clark, Gordon Bennett, J., and surgeon appealed. The Supreme Court, Joel G. Roth, District Judge, held that: (1) survivor had right to new trial on ground that jury verdict awarding $75,000 for wrongful death and nothing for survival was inconsistent, and (2) surgeon was negligent per se and liable for patient's injury and death caused by surgical sponge that was left in patient's body prior to closing incision, where surgical nurse's failure to inform surgeon of unaccounted-for sponge and radiologist's failure to detect sponge in postsurgical x-rays were substantial factors in bringing about patient's injury and death. Affirmed and remanded.