AN UNUSUAL CASE

Hokitika Guardian, 13 February 1931, Page 5

AN UNUSUAL CASE

A DOCTOR SUED. (By Telegraph —Per Press Association) WELLINGTON. February 13. Claim for damages in an action in which a hoy who has been a patient in I Wellington Hospital, and the doctor who attended him, were plaintiff and ide endant respectively, was disallowed by Mr Page S.M.. who delivered judgment in the Magistrate’s Court. Re--1 viewing the ease the magistrate said | The plaintiff. Malcolm Richardson, a boy aged six, was admitted to tlu« hospital suffering from a green stick fracture of both bones of Ihe right forearm. The fracture was reduced and the arm set by the defendant' doctor (William liraeewell Mercer of Dunedin) who was then House Surgeon at the hospital. 'The broken bones subsequently knitted in perfect position and a good complete recovery, but complications by way of contraction of some of the muscles of the forearm early developed, and this entailed medical attention and a substantial period of massage treatment. The plaintiff and the father and mother, now jointly brought an action claiming to recover from the defendant £2OO for damages. It was claimed the condition of the hoy’s arm was brought about by negligence and unskillfulness on the part of defendant.

Continuing the Magistrate said there was ample authority for approving the type, of splint used, though it was also true others equally eminent authors disapproved it. The important question in the case, seemed to he whether having adopted the type of splint defendant took adequate care in the subsequent treatment of the hoy. The weight of the evidence appeared to he that in view of the satisfactory condition of the arm, the defendant was justified in allowing the boy to be taken home on the day following the setting of the limb. The defendant was described by medical witnesses on both sides, ns one of the best House Surgeons the hospital had. He had been careful and attentive and thorough. He had come to the conclusion that negligence on the part of the defendant was not proved, and the claim must fail. Judgment was entered for the Doctor with costs.