CLARK v. GULESIAN

No. 7581.

429 F.2d 405 (1970)

Mayland L. CLARK, Plaintiff, Appellant, v. Albert GULESIAN, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 15, 1970.


Attorney(s) appearing for the Case

Errol K. Paine, Paine, Cohen & Lynch, Bangor, Me., and RisCassi, Davis & Linnon, Hartford, Conn., on brief for plaintiff, appellant.

Roger A. Welch, Weeks, Hutchins, Frye & Welch, Waterville, Me., Lewis V. Vafiades, Bangor, Me., on brief for defendant, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


ALDRICH, Chief Judge.

This is a diversity action for malpractice. In 1952, when the plaintiff was ten years old, he was given emergency surgical treatment by the defendant physician. Allegedly his health was poor thereafter, and in 1969 he underwent further surgery. Allegedly at this time a towel was discovered in his abdomen which had been left there during the original operation and which had continuously interfered with his digestive system, and consequently caused...

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