Damages Claim Against Ship’s Doctor Fails

Press, Volume CI, Issue 29990, 27 November 1962, Page 14

Damages Claim Against Ship’s Doctor Fails

(New Zealand Press Association) WELLINGTON, November 26. Before the defence evidence had ended, a jury in the Supreme Court, Wellington, today, found for the defendants in an action against the New Zealand Shipping Company, Ltd., and Aidan Richard Moynahan, ships doctor, for alleged negligence. John Davies, aged 82, a retired hairdresser, claiming £2OOO damages, alleged that Moynahan, the second defendant, assaulted him on October 3 and 4, 1961, by inserting a catheter on each day without his consent or instructions and that he was negligent in the performance of his duties as a ship’s surgeon by failing correctly to diagnose his condition.

Davies alleged that the shipping company, the first defendant, was negligent in employing Dr. Moynahan as a ship's surgeon without satisfying itself that he was a fit and proper person to be employed. Mr J. H. Dunn, with him Mr T. G. Goddard, appeared for Davies, Mr E. D. Blundell for the shipping company, and Mr R. G. Collins for Moynahan. When the hearing resumed this morning, defence evidence taken' on commission in London was read to the Court. After the luncheon adjournment, the foreman of the jury told Mr Justice Haslam that unless Davies had further “contributory evidence” in suport of his claim, the jury respectfully asked leave to terminate the case and consider its verdict. After a short retirement, his Honour advised the jury that he had discussed their memorandum with counsel. It had been agreed that the only basis upon which the trial could be stopped would be an intimation that it was the jury’s unanimous view, without any qualification, that they found for the defendants.

Upon the foreman’s announcement that the jury found for the defendants, Mr Collins and Mr Blundell moved for judgment on behalf of the defendants. His Honour reserved Davies leave to move under rule 286 C of the Code of Civil Procedure within 14 days. He reserved the question of costs. In a rider, the jury recom-

mended that leniency be extended to Davies in respect of costs. Attendant’s Evidence Denis Roy BeU, a motorcycle salesman, of London, said in evidence taken on commission, that he had been a sick-berth attendan t tn the Royal Navy for 10 years. He was then a policeman in London for two years before going to sea as a hospital attendant in the Merchant Navy. He served in that capacity on the Ruahine during a voyage leaving London in September last year.

Davies, who was • passenger, had complained to the ship’s surgeon, who decided to catheterise him. Bell prepared the theatre for the operation. He did not remember any conversation between Davies and the doctor when Davies came into the theatre.

BeU helped him on to the couch. He came willingly and made no protests about the treatment. Moynahan explained to Davies what he was going to do. Davies made no comment. The procedure did not depart in any way from normal practice, according to Bell's experience. On the second occasion that Moynahan operated, Davies asked whether there was no other way out of it. When reassured, he replied: “Oh, well, if it’s got to be, it’s got to be.”

The same procedure was repeated and at no time did Davies ask for it to be discontinued. Came Voluntarily Bell did not agree that anything done by Moynahan had caused Davie's condition and necessitated him being taken to a shore hospital. Each time Davies was in the ship's hospital he had come voluntarily. Nothing more than persuasion on Mogroahan's part was used and Davies was never ordered into the hospital. Moynahan was a sociable man ao far as the crew were concerned, but did not mix much with the passengers. On tills particular trip, Moynahan was very busy and went to bed early.

Moynahan was a first-daas surgeon, Bell said. He was not a teetotaller and would drink gin, but he was not affected by drink ao far ao his work was concerned. It would be Incorrect to say ho was unable to insert a catheter property because of drink. After his return to the ship from the hospital in Panama, Devies became cantankerous and abusive towards Moynahan. Bell said he thought that a men in such pain was at liberty to aay such things. After three or four days in the ship’s hospital, Davies discharged himself, although Moynahan wished him to remain for post-operative treatment