When Doctors Differ

Sun (Auckland), Volume 1, Issue 59, 1 June 1927, Page 13

When Doctors Differ

MATERNITY-HOME CASE DECISION RESERVED Mr. W. R. McKean, S.M., reserved his decision in the case, completed yesterday afternoon, in which Nurse Blanche Donald, of Herbert Read, claimed £9 11s from T. Clark, of Mamaku, who counter-claimed £63 12s 8d damages for alleged neglect of his wife. Mrs. Clark, it was alleged, arrived at Nurse Donald’s maternity home at 7.30 a.m. one day last June, and her baby, which died 26 hours later from malignant jaundice, was born on the floor at 7.50 a.m., while her room was being prepared. Dr. Pettit, who attended her later, told the court that he had considered that the circumstances of its birth might have contributed to the death of the child, and had reported the matter to the Health Department. Dr. Hilda Northcroft, called by Mr. T. N. Holmden, supported the claim of alleged neglect. “It's up to the nurse to find out the patient's condition,” she said. “She should have put her to bed instead of getting the room ready.” Half-a-dozen other medical practitioners, including Doctors P. A. Lindsay, Moir, R. T. Inglis, W. H. Parkes, Cyril Tewsley and W. E. Williams were called by Nurse Donald’s counsel, Mr. Dickson. Their evidence went to show that the onus was on the patient to tell the nurse her condition. Counsel also called three women who were in the house at the time to prove that Nurse Donald had called Dr. Pettit, and to testify to the attention Mrs. Clarke had received. In addressing the Bench, Mr. Dickson pointed out that the evidence of the most eminent men in their profession in New Zealand had been called to refute the charge of negligence. He referred to cases as far back as 1808 to prove that in any case a husband had no legal claim to any damages in respect to his wife. ‘ Perhaps I had better write my judgment,” said Mr. McKean at length. “The evidence does not show that she sustained any physical injury.” “I formed an opinion in the matter quite early in the case,” added the magistrate. Mr. Dickson expressed a desire to know whether or not it was favourable to his client.

"Sh e will find that out on Thursday, was the smiling retort from the Bench.