DOCTOR'S CLAIM

Evening Post, Volume CX, Issue 38, 13 August 1930, Page 12

DOCTOR'S CLAIM

SLANDER ALLEGED

NURSE AND PATIENT

£1000 DAMAGES SOUGHT

lienmrks alleged to have been made to one of his patients by a nursj cm-

ployed by the Australasian Temperance and General Mutual Life Assurance Society, Ltd., were relied upon by Dr. Richard Walter Richards, of Wellington, iv a slander action brought by him against the society in the Supremo Court to-day, before his Honour Mr. Justice Ostler and a jury.

Mr. A. Gray, X.0., with him -Mr. J. S. Hanna, appeared for the plaintiff, and Mr. E. P. Bunny, with him Mr. H. F. O'Lcary, for the society.

The plaintiff jlaimcd £1000 damages, alleging that the nurse had spoken falsely and maliciously about him in regard to Ms treatment of the patient, Mrs. D. C. M. Bell, of Brooklyn. THE DEFENCE. The defence admitted that tho nurse had called on tho patient in the, course of her employment, but it was denied that she had made the alleged 'remarks, or any words capable of bearing the same meaning. Even if the »vords had been used, they were incapable of bearing the alleged slanderous meaning, and they were not made iy tho nurse vi tho course of her employment. As a further defence, it was urged that any remarks concerning the doctor were made honestly .arid without malice, and on a privileged occasion. PLAINTIFF'S EVIDENCE. The plaintiff, in tho box, detailed ais medical experience extending over a period from 1890. He canio to New Zealand from England seven years ago. Towards the end of last year he attended Mrs. Bell in a confinement, and last February he visited her again in eonuectiou with an affection of the throat, which ho diagnosed as slight tousilitis and "shingles." He prescribed for her, and two days later he called on her again, and found that she was a little better. He had received a telephone message to call, and he then heard from Mrs. Bell that the nurse had visited tho house. Ho took a swab of the patient's throat the next day with a view to proving that she was not suffering from diphtheria. This was sent to tho Public Hospital, and the report showed a negative result. Witness wrote to the society askingvisited Mrs. Bell, and received a reply for the name of tho nurse who had by telephone giving the desired information. Later a nurse called at his house and mentioned Mrs. Bell, but witness said that ho would not discuss the matter with her. He did not change the- treatment prescribed for Mrs. Bell, and she recovered in the ordinary way. Diphtheria was highly infectious, and if Mrs. Bell had been suffering from, it he would have ordered her to hospital immediately for isolation. Tho first duty of a nurse was., to get into contact with the doctor attending a patient, and she had no right to prescribe different treatment without consulting him.

Questioned regarding his diplomas, witness said that there were very few medical men in New. Zealand entitled to use the title M.D., London, which he had gained.

In reply to Mr. O'Leary, witness said that in his experience diphtheria was no more prevalent than usual in the early part of this year. One of tho symptoms of tonsilitis was a swollen throat, which was also a symptom of diphtheria.

"May I suggest, then, that Mrs. Bell had at least one symptom of diphtheria?"—" Yes."

"On Ist March you wrote asking for the name of the nurse. You did not get a reply in writing?"—" No."

"But Nurse, Blathwayt did go to your surgery?"—" Yes." "Your only i-equest to tho society was for the name of the nurse?"— "Yes." "Do you remember sho said she had come from the society in reference to your inquiry for her name?" —"She did not say that. She said something about what Mrs. Bell had told me." "What did she say in openingI'"— "I don't remember." "Do you remember telling her that you did not moan her to call?"—" 1 may have said that." "Is it youi" experience that qualified' nurses know their duty very well and act up to that duty?"—" Yes." "DOCTOR PARAMOUNT." average nurse realises that the doctor in the case is 'paramount and she is only there to carry out his instructions?"—"As a rule, yes." In reply to Mr. Gray, witness said that he had not1 previously heard of Nurse Blathwayt. He had had no other experience of a nurse interfering with a patient without consulting him.

"Is it xjossible for a medical man or anyone else to diagnose diphtheria without taking a swab of the throat?" —"It is quite impossible,"

Dorothy Clara May Bell, married woman, said that the life of her infant child was insured with the defendant society. In February last she developed a sore throat and eruptions on the face. Dr. Eichards called and prescribed for her. During the time of her indisposition, the agent called for the premium on the child's policy. He was-accompan-ied by the new superintendent. After a discussion regarding her husband's insurance, witness mentioned that she was not feeling well, and: it was then -suggested that the society's nurse should be sent up. Witness said that she was already receiving medical attention. The nurse called the next day, and said that she was from the society. Sho told witness that she looked ill, and asked for a spoon. *She did not use it, however, to examine the throat, but sat down and said, "I don't want to frighten you, but you have got diphtheria." Witness was advised by the nurse to go to the hospital tor isolation, but she refused to go. The nurse asked when the doctor was coming again, and on being told that he was expected in tho evening, said, "You will bo dead and cold by then." When she was informed, who the doctor was, the nuvso said, "Oh, him. Like a few more of his cases. I have never had the pleasure of meeting Dr. Richards, but wlieu I see him I will tell liir-i what I think of him." After the nurse had ■left, witness got Airs. Little, who was also living in the room, to ring up the doctor. He came up and reassured her about her throat. Witness and Mrs. Little told him what tho nurso had said. The next day he'called again and took a swab of her throat. Cross-examined, witness denied that her husband had bought any ointment or lotion other than that ordered by the doctor. Regarding the suggested visit of the nurse, witness said that she took up the attitude that if the services were free sho (tho nurse) was at liberty to visit the house. "According to both the agent and

the superintendent, you said you would like to see the nurse?"—"l did not say that."

"Do you remember the nurse saying when she came.* up that you would bo bettor in bod?"—"No, I do not."

"It was Mrs. Little who first mentioned that you had a doctor?" —"I think we both mentioned it."

"Do you remember her saying that you ought to call in the doctor again and you said you were not going to have any old doctor?"—" No."

"According to you, you told her that the doctor was coming in the evening?"—" Yes."

"On what ground did you say that when there was no arrangement about his coming?"—"He was very regular and I expected him to come."

"Did you hear the nurse tell Mrs. Little when slio was leaving that there was a possibility of your .having diphtheria?''—'' No. ''

Violet Gwendoline Little gave corroborative evidence. She considered that the- nurse's remark regarding sending Sirs. Bell to hospital was not a suggestion but an order. (Proceeding.)