NEGLIGENCE ALLEGED.

Auckland Star, Volume LVIII, Issue 121, 25 May 1927, Page 8

NEGLIGENCE ALLEGED.

MATERNITY METHODS.

CASE AGAINST NURSE.

CHILD-BORN" ON FLOOR.

DOCTORS DISAGREE.

An allegation that Nurse ' Blanche Donald,, of Herbert Road, Auckland, had been negligent in .her "treatment of a patient, whose new-born baby died, the day after the confinement, was the subject of close investigation in the Magistrate's Court yesterday, when Thomas Clarke, mill-hand, of Mamaku, proceeded against the nurse for damages. The euit for damages was entered as a counter claim to a claim T>y Nurse Donald for £[) 11/ iu respect of nursing fees. Clarke claimed £38 12/8 special damages, and £25 general damages. Dr. T. Pettit described Mrs. Clarke as a nervous wreck. Wheif Mr. Holmden closed his case for Clarke, reserving the right to calf'&iu. Hilda Northcroft, Mr. Dickson, opening oil behalf of Nurse Donald, stated that his client had been compelled, jto. cqnig to court. Had she given in to Mrs. Cla|fce* it would have appeared that she tacitly admitted neglect. Mr. Dic£son criticised Dr. T. Pettit's action in reporting the case to the Health Department. Dr. Lindsay had seen the child, and he would state in evidence that Dr. Pettit's innuendo, that the child might have died from any other defect than malignant jaundice, was nothing but a fable. If the-court "decided to convict for negligence," it would mean, said Mr. Dick*on, that the nurse would lose her license and her livelihood.

The Nurse Tells Her Story. . "I know of; nothing more I could have dpne for Mrs.- Clarke and her baby,"said Nurse Donald, in evidence- Witness said she had been 27 years nursing, and had never been concerned in court proceedings before. She denied having sent any of Dr. T. Pettit's patients to other doctors. Mrs. Clarke had always been satisfied with witness' home before this occurrence. Her former child was born dead. "I was in bed on the morning when Mrs. Clarke arrived, and Pro-bationer-Nurse Strikes came to tell me that the patient was at the home. I got up, dressed, had a cup of tea, and went in to see her. Then I rang Dr. Pettit. Immediately afterwards Iwent in to see her again, and asked if she would like a cup of tea. Mrs. Clarke was then on the mat. She was on her knees. When she said she would not have a cup of tea I went to the bathroom to get a hot-water bag to put in her bed. Child Born on Mat. "I heard someone call, just as the bag was half full, and I ran to Mrs. Clarke iimmediately," continued Nurse Donald. Only a few minutes elapsed between seeing her and hearing her call The child had been born. There it was on the mat. I have never had children boni under similar circumstances. The first labour in some cases might last 24 hours! or more. Mrs. Clarke gave me to understand she had felt the first pain at 4 o'clock that morning. I don't remember when she told me that. I don't always examine patients aV dnce. I just leave tbienX ,-s.i 'while,; and Bee/'figW; they get on. Meanwhile I attenttf toy\ steriUsation and the tilings ."that , have to be done" ''*■' i ■;..-, "...■'.;•'-i

An Unsatisfactory Explanation. Witness declared that she had told Bft Pettit ..that the child had been born on the- mat. .>■•;■ Mr., W. R. McKean, S.M., reniindeiL witness that the doctor had stated thfrti he did not know the circumstances of tie' birth till after the child was dead. v Witness: When I rang first I was tola that Dr. Pettit was out. When I rang the second time I spoke to the doctor. I said: "The baby has been bom «e----quickly, it's been born on the mat." The Magistrate: Was there anyone present wheii you told him that?— Yes; Nurse Stokes. She was in the hall. The Magistrate: You never touched that point in your cross-examination of Dr. Pettit. Mr. Dickson. Mr. Dickson: I'm sorry, sir; I overlooked it. The Magistrate: That is not a satisfactory explanation, I'm afraid. Up and Down All Night. Nurse Donald said she told Dr. Pettit on two occasions that the child was born on the mat. First, she told him on the 'phone, and later when he was on the doorstep. She told the doctor what she had done for the baby. All night she had been up and down looking aft«r the child. In the morning she rang Dr. Pettit and told him the child was ill. He came and looked at it, and the child was so yellow that he said "It's done for!" The child had been unable to take the mother's milk. Mr. Holmden: That's an important point. r Nurse Donald said the Health Department made a lot of inquiries after Dγ Pettit had reported the matter. She gave them answers to all their questions and heard no more of the matter Mr. Dickson: And I suppose Dr. Pettit gave them all the details he could find?— lou may be sure of that. Mr. Holmden: That is a very wrone assertion. e The Magistrate: There is no reason Air. Dickson, wby you should tell inc what you suppose.

Nurse Donald Cross-Examined , . Mr. Holmden opened his cross-exam-ination of Nurse Donald by asking if Probationer-Nurse Stokes had informed her that she (Nurse Stokes) had assisted Mrs. Clarke up the stairs to the front door. Nurse Donald: No. When you went to see Mrs. Clarke, did you ask her how her pains were? I don't think I did. The Magistrate: Can't you be sure? Mr. Holmden: Then why did you Say just now that you thought you did?—lib is so long ago since it happened that--I don't remember. What was 6he doing when first you saw her?— She was on her knees on the mat on which the baby was found. What was she doing there?—Oh, just kneeling. You know that at the time of birth mothers do appreciate having someone with them ?—Yes. You know the provision in the regulations that during the period stipulated the nurse must be in attendance all the time?— Yes. . You did not ask her what her condition was when you invited her to have a cup of tea?— No. "It Would Do No Harm," . I put it to you that it is your duty to find out the condition of a patient as soon as she arrives at your home, and you didn't do it on this occasion?— No. Mr. Hojinden: During the twenty minutes she was in the home you did *°tt* ke the tr °«°le to find out her conation.—I gee.

~ ...The magistrate asked .witness, to state the time when' Mrs. Clarke mentioned having felt her first pains at 4 a.m. Witness said it would be about an hour after the birth when Mrs. Clarke told her, as far as she could remember. "It would do the child no harm to be born in such circumstances," said Dr. P. A. Lindsay, a practitioner with 38 years' experience of maternity cases. Mr. Dickson, in calling him, described Dr. Lindsay as . one of the' leading New Zealand specialists. "Witness said he had known Nurse Donald for about 30 years. She was, in Ms opinion, thoroughly competent. ■> Baby Born in the Sain. . . : , «■ Mr. Dickson: You say it would - - do .the baby no harm to be born in this way? . Dr. Lindsay (with a laugh): No. Why, one case I had, the baby*: was born "With the patient lying in the grass out in the rain! : ■ . » Continuing, Dr. Lindsay said the circumstances of the birth would not affect the health of mother or child. The mother had a perfectly natural labour. There was not a nurse in Auckland who might not find herself in Nurse Donald's position. • The Magistrate: It may have been a ..gatura} birth, doctor, but the circurnnot normal, surely? Dr. Lindsay (laughing reassuringly) -. any number of cases where the babies were not-born on the bed. And the women had their own mothers with them, too.

A Nurse's First Duty. The Magistrate: Don't you consider that there was any responsibility on the nurse to ascertain the mother's condition ? Dr. Lindsay: Not the slightest. The Magistrate: Not the slightest, eh? Mr. Dicksoiv: Do. you consider there was any negligence.—None whatever. The Msrgistrate: You heard Dr. Pettit's evidence. Do you disagree with Mm? Dr. Lindsay: Well, yes. The woman took 'no harm and was perfectly well In the home. • Mr! TJickson: Dr. Lindsay prefers* to put his 38 years against Dr. Petfcit's eight years. You think it more-import-ant that she should go to prepare a place for the patient,- rather than waste time talking to her. Mr. Holmden: You mean "instead of complying with the regulations of the Health .Department." The next witness, Dr. James Moir, said he had been" attending maternity cases since .1875. He had known Nurse Donald 30 years. She was an excellent nurse. He did not think there had been any neglect iu this case. The rules and regulations prevented nurses from making an examination when the patient was in the third stage of labour. The Magistrate: What do you say the first duty of a nurse is when a patient arrives at the home? Dr. Moir: I should say she should go along and try to form an opinion as to what is doing. She should then get things ready. If she thought she had time, she should get the room ready;. as Nurse Donald was doing. The Magistrate: What do you mean, doctor, by "form an opinion?" Dr. Moir- She would form her judg-. ment on the character of the pains. There can be no certainty when a child ( will be born. I for one could not tell. : The Magistrate: Don't you.think tUe nurse should ask the patient how she ISWfc ■■'■ ■ ■'••/' -•■■■ - ■ T <■ 1 suppose she .jh>uld%^j.,; is -alleged in this' case that the mirse didn't bother to inquire.' Dr. Moir said cold would not causo a baby to develop jaundice. Majry Stokes,* a trainee at the Haniils6& Hospital, stated thS* she had been iat Nurse Donald's "when Mr*. Clarke was admitted. She arrived abouTr;7.3o a.ra. Witness thought she heard Nurse Donald &SJI Br: Petiit.tbat the child was bom on the floor. • • Mrs. accompanied the patient, did on arrival; "She is pretty bad." When witness was going in and out of the room while Mrs. Clarke was on her knees in the bedroom, she was carrying things that had to be sterilised. The case will resume on Thursday, at 9.30 a.m., when Mr. Holmden will call Dr. Hilda Northcroft, who was unable to give evidence yesterday owing to professional engagements.