X-RAY TREATMENT.

Auckland Star, Volume LV, Issue 171, 21 July 1924, Page 7

X-RAY TREATMENT.

ALLEGED NEGLIGENCE. INJURED MANS CLAIM. DOCTOR AND MASSEUR INVOLVED. Alleging negligent conduct of X-ray treatment, as the result of which his left hand was severely burned, Peter Andrew Nairn Smith, engineer, of Auckland, took action in the Supreme Court to-day against August Braclcebush, masseur, of Auckland, and George de Clive Lowe, medical practitioner, of Auckland, claiming from them jointly and severally the sum of £800 ns general damages, £250 as special damages for loss of profit from his business, and £100 special damages for medical and hospital expenses. The case was heard before Mr. Justice Stringer and a special jury of twelve. Plaintiff was represented by Mr. Leary. For defendant De Clive Lowe, Mr. Singer appeared, and Mr. Alan Moody represented August Brackebush. Story of the Treatment. On September 12, 1919, the plaintiff damaged his hand in a lathe, and tho wound did not heal completely, said the statement of claim. In May, 1920 defendants undertook to heal the plain tiff's hand by a course of X-ray treatment. The defendant Braekebush gave plaintiff a course of. X-ray treatment, which Brnekebush alleged was given under the supervision and direction of Dr. de Clive Lowe, and (it was alleged) defendants so negligently conducted the treatment that the plaintiff improperly suffered a severe X-ray burn to the hand. As a result, the plaintiff suffered great pain, and incurred further medical and hospital expenses in an endeavour to remedy the evil of the burning by X-rays. Finally, after a long course of unsuccessful treatment to remedy the burn, plaintiff had to undergo an operation, and have the burned portions of the hand removed, and a piece of flesh from his arm engrafted on. Thereby Smith suffered permanent disfigurement to his hand, and lost much time and profit from his calling, and also incurred further medical expenses. Defence a General Denial. The defence set up by Dr. de Clive Lowe was a general denial of the allegation. He denied that the defendant, Brackebush, gave the plaintiff a course of Xray treatment which tho defendant, Braekebush, alleged had been given under the supervision and direction of the defendant, De Clive Lowe, and thM the defendant so negligently conducted the treatment that the plaintiff suffered a burn. The defence filed by Braekebush was a general denial of the allegations, and a denial that the treatment of the plaintiff was directed to the healing of a wound caused by any form of physical injury. Defendant alleged that plaintiff was suffering from an epithelio motous, or cancer, on the tissues on the back of the hand, and that he (Brackebush) undertook to, and did, treat such condition according to, and under, the supervision of plaintiff's medical adviser, Dr. de Clive Lowe. In opening, Mr. Lcary said the case turned upon a point of professional negligence, alleged against a doctor and a masseur, who practised X-ray treatment. To profess skill, and not to have it, was nefligence at law. Plaintiff's claim was based on the fact that the treatment was so administered that he suffered pain and monetary loss. After the first few treatments, the wound showed no improvement. "Having prescribed the treatment one could say that the fact that it did not clear up the trouble was an indication that the treatment was wrong," said Mr. Leary. "We do not complain of the original wrong diagnosis. Nevertheless, the treatment was continued till an X-ray burn was caused." Treatment commenced in May, and continued till the end of July. 1920. In consultation with other medical men, plaintiff was advised on no account to have the hand treated by X-ray. Brackebush then said he would treat' the h/.nd by highfrequency —an old-fashioned method of treating an X-ray burn. Smith's hand was very red and swollen, and extremely painful. He could not sleep at night, and roamed about the house enduring excruciating pain. In 1921, after grafting skin on to the hand. Dr. de Clive Lowe said the hand was "looking fine." This upset Smith, who spoke out his mind, saying that he did not consider it to be better, but very much worse. Smith then went to Dr. Carrick Robertson, the specialist, who took a blood test, and Smith was eventually placed under Dr. Brown for treatment for another complaint, which was cured. A second operation was performed, this time by Dr. Carrick Robertson, who cut out the sore, and covered, the wound with skin. The hand would always be disfigured by a large lump. Plaintiff gave evidence along the lines of counsel's address. Prior to the accident, lie had a bank balance of £2000. He now had an overdraft. Cross-examination was proceeding at the luncheon adjournment.