Medical Malpractice: A Surgeon's Nondelegable Duty to Remove a Sponge from a Patient's Body Following Surgery

This is a photograph of a laparotomy sponge that was sewn up in my client's abdomen during a surgery that was performed upon him by Richard Geer, M.D. in 2006. At present, this case is up on appeal to determine, among other things, whether a surgeon has a nondelegable duty to remove foreign objects from a patient that were introduced into the wound during surgery. My clients contend that such a duty exists in Tennessee. Their position is supported by the following authorities:

1. 61 Am. Jur. 2d Physicians, Surgeons, etc. § 240, at 343 (2002); id. § 242, at 345-46;

2. 70 C.J.S. Physicians and Surgeons § 99, at 587 (2005);

3. 21 R.C.L. § 33, at 388-89 (1918) (Note: "R.C.L." stands for "Ruling Case Law"); and

4. Tutton v. Patterson, 714 S.W.2d 268, 270 (Tenn. 1986) (citations omitted).