Dr. Margolick and the Textbook Case of Negligence

Lawyers for UAMS doctors Joseph Margolick and Natalie Applebaum, et al., blame the nurse for leaving a sponge in a surgery patient.

Download the brief in support of a motion for summary judgment here and read the last paragraph on page 6.

“The standard of care does not require the physician-defendants ‘to actually count and confirm the number of sponges used during Mr. Wesson’s surgery. That is the RN circulator’s responsibility.'”

Now check out this quote from a 1L textbook used at the UAMS affiliated law school.

Can the independent contractor surgeon delegate the duty to keep track of the sponges used during surgery (to make sure none gets left in patient) to the surgical nurse employed by hospital? Thompson v. Baptist Mem. Hosp., 247 So.3d 229 (Miss. 2018)(surgeon’s duty to account for all sponges is nondelegable). Prosser, Wade and Schwartz’s Torts, 15th ed., page 867.

This is not legal advice. I am a 1L, not an attorney. I am a co-plaintiff in a different case against Dr. Joseph Margolick, Dr. Natalie Applebaum and a host of other UAMS medical providers.

We made sure to name all the nurses and patient care technicians who are culpable as well. Let the finger-pointing begin.

P.S. If you are a plaintiff’s attorney who is interested in representing one or both plaintiffs, contact bohemian_books@yahoo.com. Here is the complaint.