$75,000

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.

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