CLAIM AGAINST DOCTOR

Press, Volume XCVI, Issue 28451, 4 December 1957, Page 9

CLAIM AGAINST DOCTOR

Woman Plaintiff Non-Suited I (New Zealana Press Ax«fM »n»«nn) DUNEDIN. Dec 3 , Muriel Ix>rna Butcher. ■ married woman, of Oamaru. wrje non i suited in her claim for damages. totalVng £ 1024. against David John Miller, a medical practi- [ tioner. formerly of Oamaru and now of Dobson, in the Supreme ; 1 Court today. Mrs Butcher had alleged thai l Dr. Miller was negligent in the I performance of his professional I duties to her. Mr A. N. Haggitt moved for < judgment for Dr. Miller or a non suit, when Mr I. H. Main closed the case for Mrs Butcher yesterday afternoon. After hearing submissions. M> Justice Henry discussed ths evidence for an hour and a halt today, before withdrawing the • ease from the jury. Costs were awarded to IX. Miller. ! His Honour said there was nn proper evidence to go to the 11 jury on the allegations of wrongful prescription of drugs. Indeed. the evidence had clearly (established that the drugs pre- :' scribed were not harmful, that i the dosages were reasonable, and , that the combination of drugs | although one witness had not heard of it—would not. in his (opinion, have done any harm , ! The plaintiff had failed com- ; pletely to put proper evidence i before the jury to bear out allege- . lions. The evidence showed no r breach at all of the duty which I lay on the doctor so far as the f administration of drugs was cont cerned. There was no evidence ; upon which the jury could reasonably hold thet Dr. Miller had failed to give Mrs Butcher reas- ’ onable care, and no evidence that injury was caused as the result ’ of hie treatment, said his Honour.