OCULIST AND PATIENT.

Dominion, Volume 1, Issue 302, 15 September 1908, Page 2

OCULIST AND PATIENT.

♦ CLAIM FOR £1000 DAMAGES. INTERESTING CASE AT PALMERSTON. (BI TEIXGKArn.—SI'F.CIAL COHUESrONDENT.) Palmerston North, September 14. At tho Supremo Court this morning before his Honour Judge Chapman, Elizabeth Dunstall, of Dannevirke, proceeded against Henry Edward Perry, oculist, l'almerston, claiming £1000 damages for alleged wrongful treatment and injury dono.to her right eye. 'Mr. W. L. Fitzherbert appeared for plaintiff, and Mr. T. M. Wilford for defendant. Tho following jury was empanelled:—Henry S. AVycherley (foreman), 1«'. Woodmas, W. F. Cutler, J. G. Stratton, C. F. Conlon, W. Davidson, J. Fowler, T. Middleton, G. Paltridgfe, A. Matheson, J. M. Stevens, and G. M'Carty. Tho statement of claim set out (1) that plaintiff had suffered damago from the negligence and unskilfulness of tho defendant as an oculist on or about June 2,1908, when he was retained to attend and treat plaintiff for inflammation of her right eye; (2) that tho defendant wrongfully, improperly, and unskilfully massaged tho right eye and applied atropine to the said eye, and otherwiso wrongfully, improperly, and unskilfully treated the eye; (3) that tho defendant advertised, represented, and pretended himself to be a duly qualified oculist and ail experienced eyesight specialist, whereas in truth and fact he was not, and is not, a duly qualified oculist nor an experienced eyesight specialist; and (4) that tho plaintiff, in consequenco of the defendant's wrongful, improper, and unskilful treatment aforesaid had suffered, and is suffering, intense pain and inconvenience, and has lost the use of her right eye; wherefore, the plaintiff claims tho sum of £1000 damages, tho costs of, and incidental to, this action, and such further and such other relief as the Court may deem her entitled to. Plaintiff deposed to having the eyo examined ■ by defendant, who put some fluid in and rubbed her eyes for some time. She was subsequently unable to read, and, not being satisfied with plaintiff's treatment, went to Dr. Martin, who ordered her'to a private hospital. This she could not afford, so consulted Dr. Reid Mackay, of Dannevirke. A lengthy cross-examination then ensued. Dr. lleid Mackay stated that he saw plaintiff on June 5, and her eye was very much inflamed. Ho diagnosed the trouble 1 as rheumatic iritis. It was not possible to diagnose the trouble from an examination of the outer skin of the eyes. There would need to be an examination of the whole person. Defendant when he diagnosed the case as a certain other form of iritis was merely guessing at it. It was proper to use atropine in a weak solution in all cases of iritis. It was used as a diagnostic. Witness would examine tho patient's general condition first before using atropine. There was no trace of a certain disease about the patient. He had found plaintiff's eye very much inflamed when he examined it on June 5, and it appeared to be an aggravated case. Rubbing the eye for a timo would account for the irritated state. Massage was not tho right treatment for rheumatic iritis .of tile oye or the other form mentioned. He had never known any medical man to uso this form of treatment for the disease. Tho uso jf the atropine would cause pain temporarily, but would ultimately soothe. The irritation would bo caused by the massaging. Ho tested the plaintiff's eyo on June 5, and found the vision very much impaired. That condition continued for several weeks, and there was a possibility of plaintiff going blind owing to the fact that a sympathetic trouble might extend to the other eye. It was only during the last few weeks that he was satisfied, that sympathetic trouble to the other eyo would not take place. It was. possible to restore the eyesight of a person suffering from iritis, and he thought if the case proceeded as it did plaintiff's eyesight might become normal, again !in six:-months or' so. Ho would not make a definite state-, ment however. Prior to this be had treated the plaintiff for rheumatism.' Dr. Martin deposed that plaintiff's eyo when she called was in a'stato of acute inflammation, and was very painful. If tho eyo had been rubbed it would account for the state in which he saw it." Any rubbing would' be and would be liable, to turn a simple condition into a serious one. It was impossible to diagnose the disease.by the use of atropine. It required a thorough medical training to thoroughly treat the eye. In his opinion, plaintiff's eye had been subjected to rough treatment. Defendant stated that lie was apprenticed for threo years. Then he joined P. Hayman and Co., Wellington. Later, with Mr. Green and other chemists, he had studied the eye under two doctors. He then commenced practice in Palmerston North. Dr. Martin came to liifn once, and told him ho had no right: to establish himself as an oculist, and he would shut him up in a short time. Ho had not received any patients since the writ was issued. Plaintiff was examined by him on Juno 2, and he told her she had iritis. He put atropine into tin* eye to diagnose the case, but did not treat the patient, but advised her to undergo an operation, He told her to'come back, but she never did.' May M. Garner deposed that on June 2 plaintiff saw her, and said she was going to bring an action against an eye specialist. Dr. Martin, slio said,, had advised her to take this course, and he would back her up. H. Garner corroborated the former witness's evidence. His Honour, in addressing the jury, said it was a peculiar thing that a person residing in Dannevirke, and knowing that there was a resident medical practitioner in the district, should be attracted .to come' to Palmerston North without first making inquiries. On the other hand, it was not surprising to see tho medical men . resent the presence of a specialist who did not possess the necessary diplomas. Tho plaintiff \Vas taking a risk in consulting defendant, although it must bo admitted he was a young man of exceptional ability. A verdict was given for defendant, after a short retirement, with costs according to scale.