Although he was not able to identify the type of infection until after her discharge, he prescribed several antibiotic drugs in an effort to control the infection. Williams developed a serious infection in the incision by December 23, 1974. There is evidence that she suffered from the aftereffects of the serious infection for several months. Her condition worsened until, on January 10, she was taken to the emergency room of another hospital where several abscesses in her stomach were opened and treated. Williams was suffering from the symptoms of an active infection at the time of her discharge and that these symptoms continued. There is substantial lay testimony that Mrs.
Williams at any time after her discharge. The sutures were removed by another doctor and Dr. Bennett with instructions to return to his office in about a week for removal of the remainder of the sutures. Williams was discharged from the hospital by Dr. All of these symptoms confirmed that she was suffering from a serious infection. Williams was found to have an abnormal white blood count and also an abnormal hemoglobin count. An incisional abscess became obvious and it was opened by Dr.
#JANETTER BOURDON SKIN#
Bennett removed part of the skin sutures which caused a large amount of foul smelling pus to discharge from the incision. Williams was in severe pain, her stomach was swollen, her temperature was spiked, and she developed a paralytic ileus. The operation was performed without incident however, subsequent to the operation, Mrs. On December 16, 1974, Janette Williams was admitted to the Lufkin Memorial Hospital for a total hysterectomy to be performed by Dr. Texas Farm Products Co., 576 S.W.2d 812 (Tex.1979) Douglass v. In making this determination we must review the record in the light most favorable to the jury findings considering only the evidence and inferences which support them, and rejecting the evidence and inferences contrary to the findings.
#JANETTER BOURDON TRIAL#
To sustain the action of the trial court in granting respondent's motion for judgment notwithstanding the verdict, it must be determined that there is no evidence to support the jury findings. We remand the cause direct to the trial court for a new trial on the merits. We hold that there is and, accordingly, reverse the judgments of the courts below. Williams was negligently discharged from the hospital by Dr. The question before us on this appeal is whether there is more than a scintilla of competent evidence to support the jury finding that Mrs. Bennett, notwithstanding the jury verdict that he had negligently discharged petitioner, Janette Williams, from the hospital and that such discharge was a proximate cause of petitioners' injuries. The trial court rendered a take-nothing judgment for respondent, Dr. Zeleskey and Paul Clark, Lufkin, for respondent.
Zeleskey, Cornelius, Rogers, Hallmark & Hicks, Ralph M. Gallagher and Ronald Wardell, Houston, for petitioners. *145 Fisher, Roch & Gallagher, Michael T.
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