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MIDDLETON v. MORGAN

[No. 30, September Term, 1971.]

263 Md. 154 (1971)

282 A.2d 94

MIDDLETON ET AL. v. MORGAN, AN INFANT BY HENRY MORGAN, HER HUSBAND AND NEXT FRIEND, AND HENRY MORGAN, INDIVIDUALLY

Court of Appeals of Maryland.

Decided October 15, 1971.

Attorney(s) appearing for the Case

John F. King, with whom were Robert H. Bouse, Jr., and Anderson, Coe & King on the brief, for appellants.

Searle E. Mitnick, with whom were William H. Engelman and Berenholtz, Kaplan & Heyman on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

HAMMOND, C.J., delivered the opinion of the Court.

Marian Morgan and her husband sued two doctors in the Superior Court of Baltimore, alleging that in the course of an operation upon Mrs. Morgan the doctors had left inside her a surgical sponge, with consequent painful and harmful effects. The doctor replied in June 1969 that they did not commit the wrongs alleged and in February 1971 suggested to the court "that they cannot have a fair and impartial trial in this...

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