MILLER v. TONGEN

No. 40930.

161 N.W.2d 686 (1968)

Eugene D. MILLER, Appellant, v. Lyle A. TONGEN, M.D., Respondent.

Supreme Court of Minnesota.

September 27, 1968.


Attorney(s) appearing for the Case

James G. Paulos, St. Paul, for appellant.

Altman, Geraghty, Leonard & Mulally, and James M. Corum, St. Paul, for respondent.


OPINION

OTIS, Justice.

This is a malpractice suit seeking damages against a surgeon for having left a sponge in plaintiff's chest cavity following a thoracotomy. The verdict was for defendant, and plaintiff appeals from the judgment and from orders denying judgment notwithstanding the verdict or a new trial.

On January 28, 1964, defendant removed from plaintiff's lung a cancerous tumor about the size of an orange. The day following the operation...

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