Several weeks after a hernia repair surgery, E. Walcott complained of a foul odor emanating from her stomach. When she later returned to the surgeon, the doctor allegedly removed some gauze from Walcott's abdomen.
In a subsequently filed lawsuit, New York & Presbyterian Hospital and Walcott's doctor asked that the lady's case be thrown out--on the grounds that the item in question hadn't been used in the operating room. But both the New York County Supreme Court and the Appellate Division, First Department, thought that it was premature to ask for the litigation's dismissal given that the doctor failed to explain why some kind of "foreign material" had been retrieved from the patient's body.
Was there no wrapping that up?
To view a copy of the Appellate Division's decision, please use this link: Walcott v. New York & Presbyt. Hosp.