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BUZAN v. MERCY HOSPITAL, INC.

No. 66-1067.

203 So.2d 11 (1967)

Michael BUZAN, Jr., Appellant, v. MERCY HOSPITAL, INC., a Florida Nonprofit Corporation, Appellee.

District Court of Appeal of Florida. Third District.

October 10, 1967.

Attorney(s) appearing for the Case

Walters, Moore & Costanzo and Harold Peter Barkas, Miami, for appellant.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and A.H. Toothman, Miami, for appellee.

Before CHARLES CARROLL, C.J., and BARKDULL and SWANN, JJ.

CHARLES CARROLL, Chief Judge.

Appellant sued Dr. Banning Gray Lary and Mercy Hospital, Inc. for damages alleging negligence of the defendants by leaving foreign matter in his abdomen upon an operation for the removal of his gall bladder. It was alleged that due to pain and infection in the area a second operation was performed which revealed such foreign matter. Want of due care was alleged as to the defendant doctor who performed the initial operation, and plaintiff...

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