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JOHNSTON v. SOUTHWEST LOUISIANA ASS'N

No. 96-1457.

693 So.2d 1195 (1997)

Max Lawrence JOHNSTON, individually and Beulah Marie Johnston, Plaintiff—Appellee, v. SOUTHWEST LOUISIANA ASSOCIATION, d/b/a Lake Charles Memorial Hospital, Donald Hoyt Vines, M.D., and St. Paul Insurance Company, Defendant—Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied June 18, 1997.

Attorney(s) appearing for the Case

Stephen Ronald Streete, Lake Charles, for Max Lawrence Johnston etc.

John Stanton Bradford, Robert W. Clements, Benjamin Joseph Guilbeau, Lake Charles, for Southwest Louisiana Association, et al.

L. Paul Foreman, Michael Keith Prudhomme, Lake Charles, for Donald H. Vines M.D., et al.

Before DOUCET, C.J., and YELVERTON and WOODARD, JJ.

YELVERTON, Judge.

A surgical gauze was left in Max Johnston's wound following a hernia operation. It stayed there from surgery in May 1992 until it was found and removed in November 1993. In his and his wife's suit for damages, a jury awarded him $281,180.04 against the surgeon, Dr. Donald Vines, and the hospital, Southwest Louisiana Association, d/b/a Lake Charles Memorial Hospital, assigning fault in proportions of 60% to the doctor, 38% to the hospital and 2% to...

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