JUDGMENT FOR DOCTOR.

Auckland Star, Volume LXII, Issue 37, 13 February 1931, Page 7

JUDGMENT FOR DOCTOR.

SETTING OF BROKEN FOREARM

BOY'S CLAIM FOR DAMAGES.

CAREFUL HOSPITAL- SURGEON.

(By Telegraph.—Press Association.)

WELLINGTON, this day.

A claim for damages in a.n action in which a b6y who had been a patient in the Wellington Hospital and the doctor who attended him were the plaintiff and defendant respectively was disallowed by Mr. E. Page, S.M., who delivered reserved judgment in the Magistrate's Court to-day.

Reviewing the case, the magistrate said the plaintiff, Malcolm Richardson, a boy aged six, was admitted to hospital suffering frorii a green stick fracture of both bones in the right forearm. The fracture was reduced and the arm set by,the defendant, Dr. William Bracewell Mercer, of Dunedin, who was then.house surgeon at the hospital. Tha broken bones subsequently knitted in perfect positio'n, and made a good and complete recovery, but a complication by way of the contraction of some of the muscles of the forearm early developed, and this entailed medical attention and a substantial period of. massage treatment. The plaintiff and his father .and mother !now jointly brought an action claiming (to recover from defendant £200 for damages. It was claimed that the condition of the boy's arm ■ was brought about vby negligence and unskilfulncss on the part of the defen-! dant. 'f- " - Continuing,- the magistrate said there was ample authority approving of the type of splint-used, though it was true that other equally eminent authors had disapproved of it. An important question in the case seemed to be whether, having adopted the type of splint, defendant took adequate care in his subsequent treatment of the 'boy. The weight of evidence appeared to be that in view of the satisfactory condition of the arm defendant was justified in allowing the boy to be taken home on the day following the> setting of the limb. Defenda'nt was described by medical witnesses on both sides as one of the best house surgeons the hospital had had, careful, attentive and thorough. The magistrate said he had come to the conclusion that negligence on the part of defenda'nt had not been proved, and the claim |must fail. Judgment was entered for the doctor, with costs.