Statement of the Case. NICKELS, J. Mrs. Ivey (et vir) sued Dr. Moore for alleged malpractice in, and in connection with, an operation. The negligence averred and recovered upon was that Dr. Moore had improperly left a piece of gauze (called a “sponge”) in the incision. The damages were laid at $25,000, and the jury awarded $8,750. In the trial court and in the Court of Civil Appeals (<spa…
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