WHEN DOCTORS DIFFER.

Dominion, Volume 2, Issue 603, 3 September 1909, Page 6

WHEN DOCTORS DIFFER.

.-,:'.'; A CARPENTER'S' DEATH. :■ ; '• -V CLAIM FOE COMPENSATION. /Unusual circumstances were disclosed yesterday, when', the ;widow and family of the lato/'Robert /Robinson;-;carpenter,, of Welling-. tonj ..claimed .£453.: compensation' under the Workers' Compensation 'Act from \ Campbell and :. Burke, • 'builders and contractors,'- Wellington. ''The case was taken-by the Arbitration': Court,, with Mr. Justice Sim and Mr. J. A. M'Cullbugh (workers' representative) on the bench. ' '•■•'.'"■." ; , The facts were that Robinson, on' October 26, 1908; when working at his .trade for .the'.-;re-, ■spondents,-fell off a.-scaffold and. injured.-his hip: Ho made a partial recovery and went to Canterbury in December for a change. While 'there, he died/oh .January. 8, 1900. The ques- : Hon I '., was-, whether d<Sath was due t0... the. injuries received, through the, accident, or to .other causes.-" Respondents : contended - that ideath Was caused by pneumonia arid influenza. Claimants' -case was that," the cause, was pyaemia; resulting from thej accident, or that if pneumonia or influenza was a proximate cause 'of death, 'it was rendered fatal' by .the. results of the accident. ■ It was admitted ■ that :the-.claimants /were ;total .dependents, of de'ceased; that.'the'accident occurred, during his. •ordinary' employment in ; the service of the respondent firm,--and 7 that the respondents had :p'aid.the'deceased';Cls,:at.therate of £1 10s. a, : week, .between the date of the accident and his .death.'.' ■.'■';.'.-y ,'. -,',''■'■

'.Mr.'Fair-appeared; for claimants, and-Mr. Balcombe Brown for/respondents. -. '.'-.'■■-.■ .'• Mary Robinson, widow- of ■ deceased, said 'that deceased was'stiU:suifering : when he ..went to Christchurch'in'December./and had to .walk 'with a stibkr'ftnd- was using lotion. She -had' to rub : the place',-.night'jand morning..- He had at that time..avsmalt,white spot.on the -hip,' and this.>sp6t bo. touched without great-pain. : -The'-hip. was still..'swollen.'-. She' aid riot' See him again.. ■'..''. ../'...' ! To'; Mr.: Brown: Her ; husband, when he went .away, said'ihe; was 'pretty- well,, but. for his • hip:■' It-,was still, very painful, and hurt when 'shevtubbed.it.-..; /..,. .-' / • ; ; John; , William;";'. Robinson,... letter-carrier, ißangiora.vSph-. of deceased, 'said his father, icam'e'.to vifit 'him'at .Rangiora on December ;21,;;and stayed';;there 'from' that date.' De- ' oease'd' : had considerable pain with' his hip, and /Witness hod .to' call in a ■doctor^'Hvho at.first' said deceased was .suffering ;from'"stomach.trouble,/but afterwards said5 it was influenza.' 1 . After.-a. time,-swellings ap'pe'ared oh',the legs' ahd-shoulders, ahd'the doc-/ '■t6'r,!then"said there'appeared to be blood-poison-?ingA;'He "said -nothing. about.' .pneumonia, arid .thevfirst." time' witness-met' with. such/a sag-igeStion-was -cut the- death certificate. '-, ■■;■'• To/Mr ; ,Brown::Witness.did not think "ofa. .pWt-mortemV' examination,' . though he'recogfnisW at,;.the-time Ithat' the.', certificate .'was Against a : 61aiin'''under" the Workers' Compoh-. ;s'atioh Act.. 'His father'died on/ January<B,' 'and/was Juried next.day. . ... ../,''"'•■', 'Evidence. Was7also given by.the'wife.of,the; ■last';witness, arid:by/the.daughter of deceased;

; i. '' ; Medical Testimony.-; ;. . :X' / .'":Dr. ; ;;T. 'A..'Willsi'.who 'attended deceased;at 'Eangiora, said that;on,his first, visit, he con-: oluded: that deceased;was suffering from influenza lvjth.gastric .symptoms.:.He.could not remember' exactly what: h'esaid "to' the relatives. ;He came again .the .same afternoon, ■ and mado a more;.de,t'ailed'''exami.nation,.'butsaw no reason to .alter his/opinion/ r He thought it'was .when he..sawvhim' next,.:on'.January 2, that he' was told' of . theVaccident." He/was 'told'that /the.. patient had, a terrifio: fall, and witness concluded that, .according to the information, -he might have 'suffered;some 'injury ■; to ; the chest.. He.;examjned. the:.patient's, injured .-hip,: but. beyond;.;aV slight,-discoloration,.ithere, was:.nbthing.t'apparentlyvaniiss. ...Handling, the, .part' diA'not.seem .t6givo';ihe, ; patientany,pairi. Oh. ; he examined thepatient's knee, and ! found a conditiori.'e'xabtly'analogous' to "housemaid's ' knee." '.'As' far :as ..his ; memory went there were no sighs of injury to the skin, and' therewas'not niuoh. swelling on the foot. There was; a Ismail-patch; oh', the left'foot, and-this 6pot was, : very tender. 'On January B:witnessfound bubbling sounds'in 'deceased's ohest.'and:, diagnosed thV-oase-'-as',one of. brbnohial :pneu- j monia,: following'influenza. : 'This was a frequent complication., The.spotß mentioned were attributed 'by .him, to'.'clotting of: the blood. -They v jienftP ! ','th£{ , ' : the l . , .man's heart was riotf standing "the, strain,,', and '.were partly due "to, th6,..coagulability-.ofi the ..blood being, inqrease'd. by'.iinfluenza.'-;-:He:considered there: pyaemia andno' septic action. His "certificate stated "influenzal:-'pneumonia;". which.. was otherwise'called bronchial pneumonia. <• He had said: nothing s about-blood-poisoning until the point was-brou'ght up: byAone. of the relatives. Then,-.finding.that they- were, anxious .on .that matter,, he.;gave.'.,ah "anti-toxin, .saying .'that if there; w;as ,anything : :of.that sort, 1 it, .would .■ do.. him'gobd.'>,-' ,-V '■ ■■■'••■ ■ .'■.-■' '. : -. ?-.•• ■' .-".•' -'. .-I To/Mr'. Brown:'vln.his] opinion.' the. injury, to-' the' hip' had no thing rto do with -Ithe : influenza : or the pneumonia/ : , ' :;.,:-:.■ ■ To his Honour:, The fall could only have been connected with : the influenza on the -supposition : thaty.the'.' abcide'nt 'had -'resulted 'in "'a.lowered vitatity.y.: 1 ;.;-.'.' "". ';;.",V:'':V: ■./;. ';■'■- ;''■;; J: ,"i '-■ : •- To Sfr.Vßrbwh: 'A- person in robust health, was as 'likely.'-as-'- any- other tb'.contract influenza.. ..'■ Pr. i '.Cahill,-of Wellington, said '"he ascribed death'"to. ; pyaemia,.. : which'wa6-a:forin'of bloodpoisoning.'; He. formed' : this; opinion : from, the symptoms': as'-'stated.. by the: relativesY:' .Henoticed that .Dr.! Wills,' .while.' describing thd,case as ..a severe.-attack of influenza, had said .that. the .temperature'was 102, whereas influehza"was usually'accompanied; by'a;very high; tempera-. ture.,'-.-Dr;>WilU's ( .statement.as to the deceased's. kiiee.:did::iibt ; i preclude ;.the possibility of .some, form ;of 'blood-poisoning.-' ■'', - "'■>■ '■': Tb';- r Mr'. 'Brown was attending -•■ deceased -'f Or: 5. 'or 6; : week? .before-he'left for- ; the south',, and ;sawj no'reason-'to fear future trouble from.-, blbbd-pqispning.„: He. had -given a icertifi; date.: that»the' ; patient,was, fit' to -travel. ;'';.,..'.. :> Dr." James; -Wellington; '~ said - he. never. at- . deceased; 'but after /what he; had' heard: in'the court, : and assuming! that the illness: had,been'oOrrcctly. describe'd by:'the-.relatives,- he. ,wa's-,pf-.the):opinion that.deceased suffered from pyaemia, l and that -this was,- the cause of death. ' DnTEwart,;. Wellington, expressed-.the : same opinion;" 5 ::,;,::''-'";:'-'.-;:;..--: .'—'-.'., ~'■'" ■'. ■:'•■ i.'DxJ. Albert;'Martin;:also gave .evidence in supof. ; pyaemia. :• .■..■'•,..;.

','^V,Case : .; ■ : lir/'-Brbwnj -'in ;'opening for the/defence, con.tended: I 'that' the !Court-.could' not- ignore'■■;'.the of Dr. -Wills, and rely' instead -upon-thatof the relatives,'• nh'ich;was'ih-dennite^inconsisteht;.and-.interested. '■: ■ '■:''Drl Ealke, : Wellington/said he.considered Dr.: Wills's. evidence consistent Tvith.an attack "of infl(ieh£a',' : but'he-.did not think it :was a case of'pyaemia;'-. The-sytaptoma [were •entirely ..consistent .with.'iniluenza.and bronchial; pneumonia/. 1 '.'";','.' K ' : ' ',■>-;>'::: '■" -.-•■'.' : '.'•' '.'■■'-. '. :'■':' ■Ernest...Edward 'Hammond, Wellington 1 manager of' the 'South ; ' British Insurance Company, Limited,. said that ; ':deceased' just before going south told him' that : he hoped ; to be fit to work ili a,week,:arid;was going' to spend the'interval in Canterbury, but might; stay a fortnight; Deceased ;also.. said; he felt 'perfectly well in'him-self.v'v.'-',:':--''..:.-:''K'.v..:'-,;''"'':-'-.---''.'-' '■ '■ ! Dr. Erncst'William Giesen, Wellington, medical ; advisor to the South. British' Insurance Company,:.having .'heard: all: ; the previous evidence, ■'anchoring.seen/deceased:.: three/times between his'.'accide'nt-'ftnd-ihis■ departure for' Canterbury,' :said : T th.e.';diagnosis.;of T Dr. Wills seemed to him to ;be torr^ot;v;s:;',_■-,'■ ; ;' ' .iTh'e'Court'.wili-'give'its decision when..:fully constituted ; by. the appointment of anomployr er's'i-representativb/' •'''.'.•■.'• ■ :' '.''"■