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October 5, 1935


JAMA. 1935;105(14):1143-1144. doi:10.1001/jama.1935.02760400059036

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Malpractice: Piece of Broken Tonsillotome Blade in Patient's Body; Statute of Limitations.—  The defendant, a physician, in May 1925 removed the plaintiff's tonsils. About seven and one-half years later a flat, triangular piece of steel was removed from her rectum or her perineum by another physician. The patient sued the defendant, contending that the piece of steel removed was a piece of the blade of a tonsillotome used by the defendant, which broke in the course of the operation, that he carelessly allowed to escape into her body. In justification of her delay in instituting suit, she contended that the physician-defendant had fraudulently concealed from her the presence of the piece of steel, thus arresting the operation of the statute of limitations. On motion of the defendant, a verdict was rendered in his favor. The plaintiff appealed to the Supreme Court of Utah.The only evidence tending directly to show

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