AGAINST THE RULES

Evening Post, Volume CXII, Issue 7, 8 July 1931, Page 18

AGAINST THE RULES

PATIENT DISCHARGED

DAMAGES. CLAIM FAILS

(By Telegraph.—Press Association.)

AUCKLAND, 7th July.

■ A case involving the rights of public hospital authorities to discharge patients at their discretion came before Mr. Justice Smith in the Supreme Court to-day. ■ ' ■ '' The action was based on a claim by an ex-patient of the Auckland Hospital for £600 damages and costs against Dr. C. B. Maguirc, medical superintendent of tho hospital, for alleged wrongful discharge.. The plaintiff was Saul Moroney. ■ Counsel said that Moroney was a patient in the Auckland Hospital. When Dr. Maguire was going his rounds he found Moroney Bmoking, and told him it was permitted for only about half an hour after uiealft. Two mornings later it was recorded that the plaintiff was discharged by tho medical superintendent for smoking against orders Out oi smoking' hours. Counsel said that Dr. Maguire told a sister to discharge Moroney at once, and Moroney was helped out- of the ward. At the time he had 14 stitches in one toe, and 18 in another. It was alleged that Dr. Maguire, having no authority in law, wrongfully order.cd Moroney's discharge, and in consequence of this alleged' negligent and unskilful treatnVent, Moroney had suffered great pain and loss. ' In. defence' it' was. stated that the ordering-of plaintiff's discharge was admitted, but it was denied' that there was any negligence or want of skill on tho defendant's part." His Honour said it was clear to him that the plaintiff must bo non-suited. Tho very first allegation, that Dr. Maguirc,' having' no authority in law, had wrongfully ordered plaintiff's discharge, had'not been proved. ' Further, the plaintiff had not established that he had any right to be in hospital, whether he observed the regulations about smoking or not.'As to the allegation of negligent and unskilful treatment, the plaintiff's own medical evidence was that.it made no. differencewhether he remained in hospital or not. The plaintiff must, be non-suited, with tosts.-1 according to. scale... .. -_•■■...... ~.