S.M. COURT.

Motueka Star, Volume IV, Issue 183, 22 May 1903, Page 4

S.M. COURT.

At the usual monthly sitting of the Magistrate's Court held on Monday. The only civil business was a case in which Dr Deck sued H. Wardrop for £7 7s for medical attendance.

(r Johansen appeared for the plaintiff, the defendant being unrepresented. Dr Deck sworn, stated that the defendant came to him on the 13th De eember last with a badly injured wrist. He and his assistant! put it in splints, and subsetruer.tly tier.ted it till 26th January. Defendant was seen by him or his assistant, Dr Dukes, almost every day. His professional fee for treating the wrist was £7 7s ; he nad applied for payment which had been refused.

The evidence of the defendant taken at Wellington before Dr McArthur, S.M., was read.

John Ewart, M.D., Superintendant of Wellington Hospital, examined by Mr Jellicoe, deposed : That in a case of Colles fracture he would use splints, under certain circumstances it might be prudent to rebreak the bones; would not pay much attention to deformity if motion were alright; the use of a tiapeze .vould be advantageous, provid ed the bones were strong. Cross-examined by Mr Atkinson : The treatment suggested was correct; in such a case as described considerable deformity and stiffness would remain. Dr Hector deposed, that on 30th January he was acting as assistant at Wellington Hospital, defendant came to him that day ; he examined the damaged wrist and took an X ray photo ; found what he took to be a fracture of the lower end of the radius also some separation and displacement of the first row of carpal bones, also a deformity of the wrist. The deformity is quite possible with the most skilful treatment. I have not seen a similarcase. It might be prudent to rebreak the bones to improve the appearance of the wrist. I have heard of such a case. 1 remarked at the time that I had no doubt if the diagnosis had been correct the treatment would have been correct. I knew nothing about the diagnosis or what it was. Would not advise constant use of a trapeze. Did not know whether any skilful surgeon would advice it. I sent a print of the X ray photo to Dr Deck; it was not fixed, i told Wardrop I might send him one if :-atisfi>d, I did not send him one, tie i egative is now destroyed. By Mr Atkinson : the suggested line of treatment is right. I think there would be some deformity and stiffness remaining.

Robert Wardrop, defendant, sworn deposed : I was boating at Motueka when I had an accident to my right band, Dr Dukes fhvt examined 'it, Dr Hamilton was also present. They said it was a dislocation and put it in splints. At first they said it was a sprain, after wards when I described the accident a dislocation. Following Monday 1 went again, Dr Deck examined it and said it was set perfectly. They continued to treat me for about a month. I complained to Dr Dukes and he suggested rebreaking it, he grasped it pretending to look at it and wrenched it and I felt something break and I told him something has gone now. I never felt more excruciating pain in my life. He tried to do it again, but. I was too quick for him. He said I will need to put you under ga*» and break this. I did not go near them again. Dr Dukes suggested the use of the horizontal bar and Dr Deck suggested hoeing each day for a few hours, just when it was taken out of splints. I attribute it to neglect, that is my ground for not paying. I suffer from stiffness. Cross examined : I have played billiards once or twice since I left, in February or March. I followed the

Doctor's- instructions to move the fingei-s; afterwards they gave it passive motion. I made no complaint about the passive treatment. Correspondence between Dr Deck, and Drs Ewart and Hector, was put in.

Dr Deck, recalled by Mr Johansen, stated that there had been no attempt to rebreak the wrist. It was merely "breaking down the adhesions," It is very painful but necessary in every eas*t! of this description in order to restore motion. Exercising the wrist would be beneficial to restore its strength. The tenderness and weakness of the wrist would make overexertion impossible. Desired to en courage patient to use it.

By His Worship : The charge is moderate and is below the fixed scale ; in making out an account he would not have regard to the fact that the result was not entirely satisfactory, provided that it was through no fault of his own. Judgment for plaintiff for £7 7s, with 6s costs here and at Wellington.