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WES ROOK v. LEA GENERAL HOSPITAL

No. 1081.

510 P.2d 515 (1973)

85 N.M. 191

William Robert WESTBROOK and Peggy Westbrook, Plaintiffs-Appellants, v. LEA GENERAL HOSPITAL, J.C. Strance and Charles H. Hargreaves, Defendants-Appellees.

Court of Appeals of New Mexico.

Rehearing Denied June 5, 1973.

Certiorari Denied June 15, 28, 1973.

Attorney(s) appearing for the Case

Merrill L. Norton, Lovington, for plaintiffs-appellants.

Lowell Stout, Hobbs, for defendant-appellee Lea General Hospital.

Robert E. Sabin, Bob F. Turner, Atwood, Malone, Mann & Cooter, Roswell, for defendant-appellee Strance.

C. Gene Samberson, Jerry L. Williams, Heidel, Samberson, Gallini & Williams, Lovington, for defendant-appellee Hargreaves.

OPINION

LOPEZ, Judge.

This action arose from the alleged malpractice of the defendants. Plaintiffs introduced evidence that, after surgery, a tube was allowed to slip into Peggy Westbrook's abdomen. The theory of liability against the hospital was that a nurse, employed by the hospital, was present when the incident occurred but failed to report the incident. Plaintiffs called the nurse as a witness. The nurse denied that she saw the tube incident. The court...

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