(Download) "Hershel v. University Hospital Foundation" by In the Court of Appeals of the State of Oregon ~ Book PDF Kindle ePub Free
eBook details
- Title: Hershel v. University Hospital Foundation
- Author : In the Court of Appeals of the State of Oregon
- Release Date : January 15, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1 Ray Hershel entered University Hospital for the purpose of correcting blood circulation anomalies by the application of an aorta femoral artery bypass procedure on December 30, 1976. During this procedure, a significant quantity of laparotomy pads were allowed to remain inside the decedent Ray Hershels abdomen. Twelve days later a second surgery was performed and these pads were removed, but the decedents condition continued to deteriorate until, on January 21, 1977, he died. Ruby Hershel, decedents surviving spouse, filed this action in tort for the wrongful death of her husband caused by the negligence of the above named parties defendant occurring, as above stated, during the course of the treatment and care rendered the decedent. The defendant, University Hospital, filed a general and special demurrer to the cause of action alleged, invoking among others the defense of Sovereign Immunity. On December 8, 1978, the trial authority of the District Court of Oklahoma County ruled the University Hospital was protected from liability on this cause of action under the doctrine of sovereign immunity and sustained that defendants demurrer, and thereafter dismissed the action against the hospital. From that final order the plaintiff appeals.