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BRYAN v. LUVERNE COMMUNITY HOSPITAL

No. 44060.

217 N.W.2d 745 (1974)

Wayne BRYAN, Trustee, Appellant, v. LUVERNE COMMUNITY HOSPITAL, Respondent, Robert R. Donahoe, M.D., and Donahoe Clinic, Respondents, F. W. Bofenkamp, M.D., Respondent.

Supreme Court of Minnesota.

April 26, 1974.

Attorney(s) appearing for the Case

Scott & Reutter, William P. Scott, Pipestone, and Everett L. Young, New Ulm, for appellant.

Carroll, Cronan, Roth & Austin and Robert M. Austin, Minneapolis, for respondents.

James L. Douville, Luverne, for Luverne Comm. Hosp.

Gislason, Alsop, Dosland & Hunter, and Donald F. Hunter, New Ulm, for Donahoe.

Erickson, Zierke, Kuderer & Utermarck, and Charles R. Zierke, Fairmont, for Bofenkamp.

Heard before KNUTSON, C. J., and PETERSON, KELLY, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court.

YETKA, Justice.

Plaintiff's wife, Erma Bryan, died one week after gallbladder surgery performed by defendant physicians in defendant hospital, with the assistance of surgical nurses employed by the hospital. During the surgery a laparotomy sponge was left inside decedent's abdominal cavity. Alleging causal negligence of the defendants, plaintiff initiated a wrongful death action against defendants. Defendant hospital cross-claimed against defendant physicians, defendants...

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