PATIENT SUES DOCTOR.

Manawatu Herald, Volume XLV, Issue 2560, 27 March 1923, Page 3

PATIENT SUES DOCTOR.

FOR ALLEGED NEGLIGENCE. SWAB LEFT IN BODY. Auckland, Last Night. The Supreme Court was occupied to-day with the action by Afargaret Alice Iluyton, of Wlmngarei, against Doctor Livingstone Frazer Hurst, claiming damages for an amount not stated for alleged surgical negligence in the performance of an operation on plaintiff. Counsel for plaintiff, in opening the case, said his client was in the Wlmngarei hospital in November, 1020. A caesarian operation became necessary and was performed by the defendant. It was not suggested that skill and care was not used in the operation, but in course of the operation the defendant: surgeon left a -swab inside the patient. Both child and mother were alive, but plaintiff suffered acute pain. Defendant would admit that he left a swab in at the tii-sf operation. It was not recovered until three operations later. Dr. W. 11. Horton said the result of leaving a swab in the body was to cause local peritonitis. The latter operations undoubtedly were a shock to the patient’s system. Defendant’s counsel admitted that it was the duty of every surgeon to exercise the best of his skill and the utmost care. Negligence bad been described as “not to do what a reasonable man would do under the circumstances.” The test of this was wlmt was habitually done in the same or similar circumstances. It was on this his client’s case rested. He contended that the fourth opera lion only was due to the swab. Dr. Frazer Hurst stated that he took particular precautions at the operation, and it was a success except for the accident. Tt might have boon taken for a model operation. After discovering the swab he made no concealment of the fact although it would have been quite easy to prevent anyone seeing it. He recorded in the hospital hook that the swab was found. He bad a high opinion of bis assistant. The case is not concluded.