HOSPITAL EXPENSES.

Press, Volume LXVI, Issue 20089, 19 November 1930, Page 13

HOSPITAL EXPENSES.

SUCCESSFUL "LITIGANTS TO PAY. : [.THE PBEB.S Special Service.) . . WELLINGTON, November 18. A pronouncement of interest in re-' • ference to the payment of • hospital expenses by successful litigants was made by his Honour Mr Justice Reed, in the course.of a judgment delivered in the Supreme Court to-day by whicfi. a plaintiff was awarded general damages and, as part of his special damages, £37 i6shospital expenses. "The plaintiff is entitled to recover judgment for this amount, 'but it has been represented to me that in a large number of cases of this nature where the hospital expenses have been awarded a.s special damages, the plaintiff, after collecting, has appropriated, the amount to himself and the hospital has not been paid," said his Honour. "This, of course, is dishonest ana might conceivably bring the defaulter within the criminal law. I think the public hospitals of the country are entitled to the protection of the Courts, and I have no doubt that there is jurisdiction to giver that protection. Hospital expenses are only allowed as special damages on the assumption that they have been paid or on the implied promise of him who claims them as 'damage sustained that they will be paid. Our Courts are ever Vigilant to prevent fraud, and it is a fraud to appropriate money to a different purpose than that for which it has been received." His . Honour, in awarding damages, ordered the amount_ of ~ the hospital expenses to be retained until a receipt or order for payment was presented. He' added that he did not want ,it thought that he / bad any reasoci to suspect that the present suppliant -would do anything but hoOoura.bly pay- the hospital,, bnt," 6aid ' his .Honour,. '"I. propose .to adopt the .'same, oimrser in 'evety"-similar case in tli6. future' whatever, may be uiy views as. to the -probable honesty- -or otherwise of tbe succesßful plaintiff."