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2009-05-07St. Joseph, MO | By: Wayman
In 1997 two doctors, Robert Fast and James Marston, both performed surgery on a woman where a sponge was left undiscovered in the surgical site for 6 years.
She settled with Doctor Marston and released him from all liability, but went ahead with a malpractice suit against Doctor Fast.
In that suit, the jury found Doctor Marston was one hundred percent at fault, but since he settled with the victim, the 223 thousand dollars in damages was against the remaining Doctor, Robert Fast.
Fast appealed the decision, pointing out the jury found Marston was the one liable.
The Supreme Court has now ruled that since Marston had been released from liability when he settled with the victim, he is not liable to pay more damages, and the lower court's ruling against Doctor Fast is being allowed to stand.