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UNITED STATES FIDELITY & GUAR. CO. v. DOCTORS' HOSP.

No. 4992.

265 A.2d 774 (1970)

UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, Appellant, v. The DOCTORS' HOSPITAL, Appellee.

District of Columbia Court of Appeals.

Decided May 28, 1970.

Attorney(s) appearing for the Case

J. Joseph Barse, Washington, D. C., for appellant.

John L. Laskey, Washington, D. C., with whom Dolores Telfer Trojnar, Washington, D. C., was on the brief, for appellee.

Before KELLY, FICKLING and KERN, Associate Judges.

FICKLING, Associate Judge.

A patient underwent an operation at The Doctors' Hospital for the removal of a malignant cystic tumor approximately the size of a full term pregnancy. Subsequent to the operation, a hemostat or clamp was discovered in her abdomen. As a result, a negligence action was brought by the patient against her surgeon, Dr. Gerber, and The Doctors' Hospital. That action was settled with Dr. Gerber and withdrawn as to The Doctors' Hospital, which had...

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