ST. HELENS INQUIRY.

Dominion, Volume 6, Issue 1704, 22 March 1913, Page 6

ST. HELENS INQUIRY.

THE CASE BOOKS. ' NO INSPECTION TO BE MADE. UNLESS PATIENTS CONSENT. (By Telegraph.—Presa Association.) Auckland, March 21. Some interesting points arising out of tho St. Holetis Home inquiry occupied the attention of Mr. Justice Cooper at tho Snprems Court Banco sittings. During the hearing of tho St. Helens Home inquiry the Hospitals Department brought into Court at tho request of the' complainants (the Timber Workers' Union and Mrs. Emily Nicol) and by direction of tho Commissioner (Mr. Kettle, S.M.) three "caso books," and a number of temperature charts relating to cases aiid tho treatment of patients in St. Helens Hospital in respect of whom complaints were filed. He said "case books" covered tho period "from April 21, lyjo, to December 20, 1912, and contained the names and addresses, and in some cases, medical and family history of all patients treated in the hospital between tho dates mentioned, and also, in some cases particulars of the treatment given in the hospital. Some of the facts set out in the said "caso books" were communications riiade bv-patients to tho inatroji and nurses of the hospital. I'J'e complainants (for whom Mr. A. 13. Skelton appeared at the inquiry) claimed that_ they had a right, to examine tho entries in these "case books" and- charts, and to use such of the information as they thought fit for. the purposes of the innuiry. Further, the.v claimed that if they had not such right, tho Commission had power at its discretion, to order the books and charts to be produced for inspection and that they (complainants) should bo permitted to inspect them. iheso were the points which his Honour was called upon to solve. Mr. Skelton again represented complainants, and Mr. Sehvyn Mays (appearing for the Hospitals Department) opposed the claims. His Honour Tpplied as follows to tho questions submitted to him Question 1: Whether, if any of the entries in the said "case books".nre communications made by patients to medical officers, should they ho discovered or admitted in * evidence ? Answer: No. These communications (if any) should not be discovered without the consent of tho patients. Question 2: Are complainants entitled, as of right, to inspect the books and charts? Answer ject to the answer to nuestion 1. the complainants aro entitled to apply to the Commissioner for leave to insppct any books and charts dealing with tho subject matter of th© Commission, and the Commissioner' must exercise his discretion as to whether he shall srani such leave. Questioii 3: Has the Commission power, under the Commissions of innuiry Act, 1908, or under the Magistrate's Court Act, 1908, on the application of any party to tho. proceedings to order an. inspection , . 10 books and charts before or during the inquiry!". Answer: Sublect to • ho answer to question 1 the 1 Commissioner lias the same power ns tho Magistrates Court under Spction 83 of the Magistrates Court Act, 1908. Question i: If the Commission has power to order such inspection, should that inspection be limited to any particular caso or matter? Answer: This is within the iurisdicHnu of the Commissioner. Question 5: Whether, when the books hove been produced before tlio Commission by a witness, on a summons duces tecum issued by the Commission, the Commission has power to order that a party to tho innuiry bo allowed to inspect the books when produced generally .and take notes or extracts therefrom ? Answer: Subject to answer to the answr to question 1. the Qomnp'ssioner moy make any such order as he deems just.