Sugaya v. Morton

SPENCE, J.

Plaintiff brought this action seeking to recover damages for alleged malpractice. Upon a trial by jury, plaintiff had judgment for the sum of $4,000, from which judgment defendant appeals.

Appellant’s main contention challenges the sufficiency of the evidence to support the judgment. The point raised requires the solution of the question of whether the evidence was sufficient to prove that a needle, which was found in respondent’s psoas muscle, entered the abdomen of respondent during an operation performed for the purpose of removing respondent’s appendix. There was no direct evidence to prove this fact, and we shall therefore briefly state the indirect evidence on this subject.

Respondent was a patient of Dr. Nakamura. He was suffering from abdominal trouble. Dr. Nakamura suspected appendicitis and, as said doctor was not engaging in surgery, he took his patient to appellant. Tests indicated that the appendix had exploded and appellant advised an immediate operation. The operation was performed on April 13, 1932. Athough Dr. Nakamura was present and performed certain small services at appellant’s request, appellant was the chief surgeon and conceded that he was “solely responsible for the performance of the incision and sewing up”. It was found that the appendix had exploded and

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after the operation, a drain was left in the lower portion of the incision to permit drainage from the infected area. A gauze was then placed over the wound. Respondent was then moved to his room in the hospital where he remained for twelve or fourteen days. Appellant attended him during the critical period following the operation and thereafter Dr. Nakamura handled the ease exclusively, making the necessary changes in the bandages. Respondent ultimately returned to his work, but prior to August 1, 1932, he suffered from a sharp pain in his abdomen. He consulted Dr. Kitagawa. After some days of observation, Dr. Kitagawa took X-rays which showed a needle in the abdomen. Said doctor called in Dr. Jones, a surgical consultant, and on August 17th Dr. Jones operated and removed the needle from the psoas muscle. The needle was a straight needle between

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and 3 inches in length. It was the type of needle which might be used either for the purpose of surgical operations or for the purpose of ordinary sewing.