DISCHARGE OF PATIENT

Hokitika Guardian, 9 July 1931, Page 5

DISCHARGE OF PATIENT

MEDICAL &U PER INTEND ANT'S fuWcHS, DiUilON OF SUPREME COURT. AUCKLAND, July 7. A case involving tne rigtits ol publichospital autliorities to discharge patients at their discretion came before lus Honour Mr Justice Smith in the Supreme Court. The action was a claim by an ex-patient of the Auckland Hospital for £boo damages and costs against Dr C. E. Maguire, Medical Superintendent of the hospital for alleged wrongful discharge. Plaintiff was fen ul Moroney. Counsel said Moroney had been a patient in the Auckland Hospital. When Dr Maguire was going his round he found Moroney smoking and told him that was permitted for only about half an hour after meals. Two morn,in us later it was recorded that plain “

was i ischarged by the Medial Sup.rintendent for smoKing against orders out of smoking hours. Counsel said Dr Maguire told the sister to discharge Moroney at once. Moroney was helped out of the ward at a time when he had fourteen stitches in one toe and eighteen in another. It was alleged that Dr Maguire, having no authority in law, wrongly ordered Moroney’s discharge and, in consequence of this alleged negligent and unskilful treatment, Moroney had suffered great pain and loss.

In the defence, the ordering of plaintiff’s discharge was admitted, but it was denied that there was any negligence or want of skill on defendant’s part. His Honor said it was clear to him tluit.plaintiff must be nonsuited. The ver-v first allegation, that Dr Maguire, having no authority in law. had wrongfully ordered plaintiff’s discharge, had not been proved. Further, plaintiff bad not established that he had any right to be in the hospital whether he observed the regulations about smoking or not. As to the allegation of negligent and unskilful treatment, plaintiff’s own medical evidence w r ns that it made no difference whether he remained in hospital o.r not. Plaintiff must he nonsuited with costs according to scale.