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MARTINEZ v. MEEK

No. 6515.

540 S.W.2d 774 (1976)

Nolberto MARTINEZ, Appellant, v. Thomas D. MEEK, M.D., Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied September 15, 1976.

Attorney(s) appearing for the Case

Dan Sullivan, Andrews, for appellant.

Shafer, Gilliland, Davis, Bunton & McCollum, Inc., W. O. Shafer, James M. O'Leary, Odessa, for appellee.

OPINION

WARD, Justice.

This is a medical malpractice case where at the conclusion of the plaintiff's evidence the trial Court granted defendant's motion for an instructed verdict and entered judgment for the doctor. A small clip or piece of metal was left in the defendant's back in or near the spinal canal, either accidentally or intentionally, as a marker to show the location of a laminectomy. Legal sufficiency questions are raised as to negligence, fraudulent...

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