AN EXTRAORDINARY CASE.

Te Aroha News, Volume II, Issue 58, 12 July 1884, Page 6

AN EXTRAORDINARY CASE.

London, May 23. A case of great importance to the medical profession, and of considerable interest to the general public, has recently been brought to a satisfactory issue in the Queen's Bench Division. The action, "Wood versus Bovver and another," was not a new one. It had been tried before Justice Field and a special jury several months previously, when tho "twelvo good men and true " failed to agree and were discharged, Thus the ground of action and evidence may be within the recollection of some of your readers, though I scarcely think it likely. The plaintiff (says the "Daily Telegraph" in its summary of the circumstances) is a manufacturing chemist of East Dulwich, whose child, between four and five- years old, was attacked, in Septembor, 18S2, with what was at first supposed to \>q ordinary croup. The defendants, medical men in the neighbourhood, were called in, and prescribed at first the usual remedies. The disorder, however, developed so rapidly that in the night of the day on which they were summoned it appeared necessary to perform the operation of tracheotomy, which consists in the opening of the throat and the insertion of a tube to prevent suffocation. This was performed, botli the defendants assisting in it, and there is no

reason to believe that it was not properly and skilfully accomplished. In the course of the operation an incident occurred which formed the basis of the action, the surgeons desiring the father to suck the tube, in order to remove the matter — which ho did —not warning him of what they did not at the time themselves fully realise, that the malady was diphtheria, or membranous croup, and so might be infectious and dangerous. The doctors discovered, after theoperation, thatit was indeed membranous croup, and therefore catching. The child sank rapidly and died, the cause of death being stated in the certificate as " membranous croup." Soon after the decease oJ the patient the father becamo ill, it was said, of diphtheria, which he had probably caught from the matter sucked out of the tube. The plaintiff stated these particulars) and further alleged against the medical men that they knew, though he did noi know, that the matter was infectious, the result being that he caught the disease, was laid up for some time, and put to expense and peril. The parents, we should remark, had originally applied to the Public Prosecutor for his assistance towards i criminal prosecution of the medical mer for causing the death of the child bj culpable negligence ; but that official did not think there was a case, yet so far enter tained it as to allow of a preliminary ap plication to a magistrate, which was accord ingly made. The magistrate, without call ing upon the medical men for any defence declared that there was no evidence to sus tain the charge against them, and dismissec it, observing at the same time that if it wen persisted in after that "it would amount tc persecution." Such is an outline of the case which the prosecutor himself developed in couit by evi dence as well as personal statement. Hii ground of action, therefore, was that th< medical men had failed to warn him againsi the dangers which he would incur in per forming tho service required by the state o his own child. We may pass over the ques tion whether the father's subsequent illnesi — which proved slight — was or was not du< to the act which he performed. This wai not admitted by the defendants, but coulc hardly have been successfully disputed Everybody knows how perilous is the mat tor of a diphtheritic throat, and, as i chemist, Mr Wood must have been familia: in a general Avay with that risk. Yet, sup posing he had known, and the doctors hac known, the case to be of such a nature, w< will not do him the injustice to assume tha he would have hesitated to open the silve tubo by suction. In such mortal crises it i necessary that the air passage should bi instantly restored by clearing the tube, anc it is to be restored in that and no othe: manner. Even if a father had many othe: offspring dependent on him, he woulc surely seldom or never refuse t< save the life of his suffocating child, since who could be callec upon to run the chance except himself ? Ii such cases, however, a prudent docto; could doubtless wash the mouth and lips o the operator with diluted carbolic acid o; some other disinfectant, if he had time anc appliances. We do not gather that any thing of the sort was done in the presen instance, and the reason appears to be tha tho medical attendants did not suspect un til too late that the disease was "mem branous croup," and therefore infectious The operation itself and the resulting course of the disease taught them this ; bu their error was apparently natuial, and, a: Lord Coleridge pointed out, not a grounc of action, since everybody may make mis takes. The wife of Mr Wood gave testi mony which tended to show that the doc tors entertained just such suspicions a; educated practitioners would have, order ing the other child to be kept away from the sick room. The symptoms of ordinarj croup, however, arc admittedly difficult tc distinguish from the infectious variety, which is akin to diphtheria ; and nothing was mado out in this part of the action tc fasten upon the doctors a graver charge . than that of error in diagnosis. The 1 plaintiffs own medical witness, Dr. Stoker, allowed that the defendants were quite justified professionally in asking the fathei to clear the tube by suction, adding, "he had himself done it once, but would rathei not doit again." The defence offered b\ Sir Harding© Gilford was that until the Sunday following the Friday, on which daj the operation took place, there were nc diphtheritic patches observable, and no thing to prove the malady to be diphtheria, or its simulant membranous croup. In ordinary croup there would be no risk incurred by any one who should clear the silver tube with hia mouth, supposing tracheotomy to have been rendered necessary ; but in diphtheria, on tho contrary, the act once performed could not be deprived by subsequent treatment of its perils, for the poison would be in the mucous membrane of the performer beyond any palliatives. These were the main features of the action, and the jury at its close manifested their opinion by intervening. The foreman said, on behalf of his colleagues, "We have carefully followed this case and attended to the evidence of the plaintiff and his witnesses, and, as we understand, the action is for telling the plaintiff to suck the tube; but ho was the child's father, and what father in the world would not have done it?" The Lord Chief Justice agreed with these remarks, and, without calling the defendants, Sir Hardinge Giffard left the case for a verdict upon the facts as stated, making no speech himself. Lord Coleridge thus briefly summed up: "You must bear in mind that the action is for an injury to the plaintiff himself, not to his child ; the action is for having been told to suck the tube, the case being one of diphtheria, and that in consequence of it he had an attack of diphtheria— not very serious, it should seem— but he wa? the child's father, and the evidence of one of his medical witnesses was that when once the tube was sucked and the poison imbibed it would be too late to prevent it. This is his whole case upon the plaintiff's own evidence, and that being so, it is for you to say whether you desire the case to go further." The jury, after a few moments' consultation, unanimously agreed on a verdict for the defendants.

into effect the resolutions that have been put to this meeting." Seconded by Mr Brown and carried. Resolution No. G, propped by Mr W. A. Murray, " 1. That local government should be simplified and consolidated. 2. That by annual elections and otherwise it should be brought more directly under popular control 3. That no expen<.itUre should he forced Upon local government by Statute, for printing, advertisimr, and officialism, and if Ihe General Government wants any such expenditure they si.oiil i pay for it. 4. That in finance and administration loeiil government should be independent of parliamentary and political influences, and of centralism. 5. Thut loca taxation should be locally expended.'' Mr Murray spoke supporting the above series of resolutions, \naking special reference to the desirability of local expenditure of local taxation. Mr Brown seconded the motion, and also spoke in favour of the resolutions, more particularly with regard to the local expenditure of local taxation. Carried. Resolution No. 7, proposed by Mr Munro, " Th.it this meeting will pie Ige itself and give hearty support to any candidate who will come forward and support the carrying out of the views embodied in the foregoing resolutions." Seconded by Mr Jamieson and carried. Resolution No. 8, proposed by Mr Ferguson, " That the revenue from the mines should he expended for the benefit W such mines. That as nil those leases, mid sites situated below the line of tramway are not benefited by exiting tramway, the Piako County Council, in accordance with the justice of this resolution, should devote the revenue to vlie development of such mines, by proAiding roads and tramways ; and that a cop\ of tl.is lesolution be sent to t!io Chairman of the Piako County Countil." Mr Ferguson, in supporting the resolution, referred to the last meeting uf the Pinko County Council* held at Cambridge, when he was present for the purpose of getting the County Council to put in a proper state of repair for traffic the lower road to the mines at "Waiorongoraai. He Complained bitterly of the opposition he had to contend wit.i directly and indirectly, whilst seeking to have other batteries erected and the goldfield more generally opened up. But he was determined not to let the matter rest Mntil there was more fair play, and purposed being at the next County Council meeting also. Seconded by Mr O'Keefe. Considerable discussion followed as to ■what was meant by the "lower horse grade," and the revenue derivable from licenses situated below it. Mr Munro said if the inhabitants looked to their own interests, immediate steps would be taken to form Waiorongomai into a Town District, and they would then have control of the tramway and gold revenue, and be able to borrow money for themselves as well as the \ Piako County Council could. In reply, Mr Applegate stated that as a Town District they would have no gold revenue whatever, and as regards the tramway the Piako County Council now have a perfect title to it, and it cannot be taken from them. j The resolution was put to the meeting and carried. Resolution No. 9, proposed by Mr Munro, " That in the interests of this community the Chairman of the Piako j County Council should be asked to have the tramway let by public contract." Seconded by Mr Munro jun., and tarried. Resolution No. 10, proposed by Mr OeO. Taylor, " That a committee, confeistihg of Messrs Applegate, Lawless, Bmardon, Brown, Ferguson, Gallagher, O'Keefe, and the mover, be appointed to use their best endeavours to the giving practical effect to the foregoing resolutions." Seconded by Mr Brown and carried. Mr Munro here said Mr Taylor was taking too much upon himself to nominate on his own account the whole ot that committee, and witnout asking anyone else's opinion. Some rat uer warm discussion followed, and Mr Hawkins next moved, as an a.neu-lment, that Messrs Munro ami Hirst be added to the committee. Seconded by Mr Purdieand carried. Mr Appleg.ite moved, " That a& there seems to be some bitterness over thy election of the aforesaid committee,- that they resign, and that a committee be elected from the meeting by ballot." Seconded by Mr Brown. Amendment proposed by Mr Parker, u That they do not resign." Seconded l»y Mr Pur. lie. On being put to tne meeting, the a.nendnu-nt was declared carried. After some- liirt.icr discussion and examinations, it was agreed generally tluit tie committee remain as already const ifcuted Mr W. A. Murray said it would be well for the committee to meet ami di.s011*3 the advisability, or otherwise, of iuu nesting any candidate to come forward ami oppose Mr J. B. Whyte. The meeting closed with a vote of thanks to the Chairman, proposed b) Mv W A. Murray, an.l also a vote of thanks to the gentlemen who convened tii", meeting in the interests of the district, proposed by Mr Taylo«y both of >\ Inch were seconded, put to the meeting, and carriefd.

A yoiitfjj l«wly called her beau " Honeysuckle,' beciuie he is always imng.ng over the front unlinks. „ Ma, has aunty got bees in her rtfoutb? " " No, my deai ; wby do you a-*.* ?"' ,' ,Uause C ipt?iin D^an Raid he was goin^ to tak • h..ney ir 'in uui* lips, m I she said, ' Wjli uiakti liable/ "