117 DAYS IN HOSPITAL

Sun (Auckland), Volume II, Issue 421, 1 August 1928, Page 13

117 DAYS IN HOSPITAL

BOARD SUES PATIENT NEGLIGENCE NOT PROVED Press Association. WELLINGTON, Tuesday. On behalf of David Costley, a Harbour Board employee, who is being sued by the 'Wellington Hospital Board for £53 3s hospital fees, Mr. Leicester to-dciy submited that the amount should be reduced, as it was alleged there had been misadventure during an operation for appendicitis. Defendant, in the ordinary course, said counsel, should have been in hospital only about three weeks, but he remained there 117 days. He was virtually thrown out of work for nine months. Counsel admitted that from a legal point of view the defence should establish negligence on the part of someone on the staff. but there appeared to have been misadventure that fell short of actual negligence, a bowel having been punctured during the operation, it was alleged, setting up faecal fistula. Dr. Wilson, a former superintendent of the hospital, who himself had performed the operation said the patient was suffering from acute appendicitis and threatening peritonitis and the operation was performed primarily to save his life. There was absolutely no misadventure. Had the bowel been punctured defendant would probably have been dead in a few days. It was quite a frequent sequel to acute appendicitis operations for faecal fistula to crop up. The magistrate, Mr. E. Rage, gave judgment for the Board. The question of hardship was for the Board to deal with.