BURNED IN HOSPITAL

Evening Post, Volume CXVIII, Issue 8, 10 July 1934, Page 9

BURNED IN HOSPITAL

}IAN rS LEG AMPUTATED

£2000 COMPENSATION CLAIM

(By Telegraph—Press Association.) OAMAEU, This Day. A case of great interest to hospital boards throughout the Dominion commenced yesterday in the Supreme Court before Mr. Justice Kennedy, Ernest Logan, of Waited, a labourer, claiming frojn the Waitaki Hospital Board £2000. The statement of claim set out that tho plaintiff suffered head injuries in an accident, being admitted to the Oamaru Hospital, and on February 15, 1932, underwent an operation and later was removed to a ward. An eleetrie radiant heat cradle was placed on the bed, and the plaintiff .alleged that while he was unconscious his right leg was burned .by contact with ah electric bulb, the burn ultimately turning septic and necessitating.the amputation of the leg. The claim alleged that a nurse or nurses we.ro negligent in. failing to take reasonable precautions to prevent him sustaining the burn and to prevent the burn becoming septic. . Mr. P. J. O'Began (Wellington), with Mr. H. S. Grater, is appearing for the plaintiff, and' Mr. W. Cunningham (Wellington), with Mr. J. H. Main, for the defence. PLAINTIFF'S CASE. In opening the case, Mr. O 'Began referred to the plaintiff's discharge from, liosxjital after medical examination and his readmission with a septic knee and the amputation of the leg above the knee. It was common ground, he' said, that the relation of master and servant did not exist between a hospital board and its medical staff. The immunity of doctors might include nurses when the nurses were under the orders of a surgeon in charge of an operation, but was not extended to nurses_ in the performance of ordinary duties such as watching a heater in a patient's bed. He was not alleging any negligence on the part of the Hospital Board, as the, heater, when purchased, would be in proper order, but bulbs of greater power than was intended were inserted. This, he submitted, was negligence* on the part of the nurses. Tho plaintiff and his wife gave evidence regarding the treatment at the hospital. Dr. McMillan, of Kurow, gave evidence as to the treatment of the plaintiff for an ulcer on the right leg below the knee six months prior to the accident. The ulcer was completely healed months before the accident. He also gave evidence regarding the use of radiant heaters. Mr. Cunningham moved for a non-. suit, quoting authorities in support of his contention that tho work of the nurses was professional duty. There was no proof of any breach by the board of any duty it owed to the plaintiff. It was admitted that the plaintiff had been burned during the use of the heat cradle, but counsel submitted that tho duty of the board was to take reasonable care and appoint competent medical officers, and nurses. The> board was not responsible, however, for such persons when performing professional work. His Honour said that the matter was very important. The law was. very difficult, I and it could hardly bo said that the law was completely developed on'the matter. He reserved the nonsuit point, and tho ease was adjourned till this morning.