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MAYBARDUK v. BUSTAMANTE

No. 74-219.

319 So.2d 583 (1975)

Alexander P. MAYBARDUK et al., Appellants, v. Alberto S. BUSTAMANTE et al., Appellees.

District Court of Appeal of Florida, Fourth District.

September 26, 1975.

Attorney(s) appearing for the Case

Bruce S. Bullock and Robert M. Sharp of Bullock, Sharp & Childs, P.A., Jacksonville, for appellants-Alexander P. Maybarduk and The Employers' Fire Ins. Co.

Russell Troutman of Troutman & Parish, P.A., Winter Park, for appellants-Margie L. Ricks and Charles E. Ricks.

Edna L. Caruso of Howell, Kirby, Montgomery, D'Aiuto & Dean, West Palm Beach, for appellees-Bustamante, Mercy Hospital and INA.

DOWNEY, Judge.

Appellant Doctor Alexander P. Maybarduk performed an operation upon appellant Margie L. Ricks in appellee Mercy Hospital. Dr. Maybarduk was assisted in the operation by appellee Doctor Alberto S. Bustamante, an employee of appellee Mercy Hospital, who had been furnished by the hospital to assist in the operation. A second operation was necessitated to remove a hemostat or Kocher clamp which had inadvertently been left in Mrs. Rick's abdomen during the...

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