Truhitte v. French Hospital

In Truhitte v. French Hospital (1982) 128 Cal. App. 3d 332, the jury held both the surgeon and hospital liable for failing to remove a large surgical sponge from the patient's abdomen after a hysterectomy. The Court reversed a directed verdict for the hospital, holding that a surgeon's nondelegable duty to remove foreign objects does not release a hospital for its independent negligence in failing to devise adequate sponge-accounting procedures or in negligently carrying out such procedures through its employee-nurses. (Truhitte v. French Hospital, supra, 128 Cal. App. 3d at p. 349.) The Court did not address the surgeon's liability as it was not challenged on appeal.