SUIT FOR DAMAGES

Dominion, Volume 16, Issue 163, 28 March 1923, Page 7

SUIT FOR DAMAGES

SWAB LEFT IN PATIENTS BODY THE JURY DISAGREES by Telegraph.—press association. Auckland, March 27. The Supreme Court to-day concluded the hearing of tho case In which Mrs. M. A. Huyton claimed damages from Dr. L. F. Hurst for having negligently, as she alleged, left a swab inside her after an operation. The Jury disagreed, and a fresh hearing was ordered. Dr. K. Mackenzie said that it wm> more important for an operating surgeon to attend to the wound and preparing to sew it up than to account for swabs. The method used by defendant in the present case was the customary one. He admitted that counting of the swabs was a vital part of the operation. Responsibility for counting the swabs was usually delegated to a competent nurse, and the responsibility devolved upon the nurso. Doctors de Clive, Lowe, W. H ■ Parkes, and C. E. Macguire also gave evidence that it was the practice for surgeons to delegate the counting of swabs to a subordinate. Mr. Singer, counsel for the plaintiff, recalled the latter in regard to a conversation she had had with the matron. Plaintiff said that when she asked Miss Keyte to give evidence on her behalf, Miss Kevte replied: “I must stand by the Hospital Board, but I would like to see justice done for the agony you have suffered.” . . Miss Keyte, recalled, said that she did not remember making the first part of the statement, : nd she denied making the latter. _ . . j The jury, as previously stated, failed to agree. .