Rainer

Plaintiff Mary Margaret Rainer and her parents brought this action for medical malpractice claiming damages as the result of a colect omy and an ileostomy performed on plaintiff on June 20, 1960, and seven subsequent operations from February 28, 1962, to, and including, September 4, 1962.

The case was tried to a jury on plaintiff’s first amended complaint, as amended, which purported to plead various theories of recovery in seven counts against various combinations of defendants, which included defendant Community Memorial Hospital (erroneously named “Buena Community Memorial Hospital” in the complaints; hereafter “hospital”) and defendants Drs. David C. Fainer, James W. Moore, J. F. Gstettenbauer, Woodrow W. Schmela, Henry J. Rulfo, and W. E. Peterson. The jury returned a verdict which awarded plaintiff $7,500 against defendants hospital, Dr. Moore, and Dr. Gstettenbauer “in connection with the issues involving the sponge left in the May 24, 1962 surgery,” but found against plaintiff and her mother, Mrs. Sarah Rainer, on every other issue submitted to it. Plaintiff and her mother appeal from the judgment entered on the jury verdicts.

I.

Plaintiff advances the…