LOSS OF A LEG

Evening Post, Volume CXXIII, Issue 35, 11 February 1937, Page 25

LOSS OF A LEG

NATURE CURER SUED

JURY AWARDS DAMAGES

(From "The Post's" Representative;) . ' " ' LONDON, January 23. The unusual case of a .man described as a "nature-curer" was brought before the..Kings-Bench iDiyisioh last week by a plaintiff' who fhad. lost a- leg 'by amputatioriy above the knee.:,. He alleged that ■;: the .Operation' had been necessary/because of the'treatment hehad received •; from the . defendant, whom he-had believed.to be a:doctor. The hearing of the case lasted for five days,' and the.jury"/deliberated their decision - for two hours'before awarding the" plaintiff ' damages' totalling £490./ -' ■■a.;- .■ .;' ■•:•'■ ; ''a •'; ■ The plaintiff, in his claim, said that the trouble began with a corn on the little toe of his left foot. This became septic,' and in August, 1935, he consulted the defendant, and was under, treatment until October, 1935, when he insisted upon being taken to St. Bartholomew's Hospital. He was exam-ined-there' and the amputation took place the next' day. The plaintiff claimed that, if he had been treated competently, he • would at: the most only have lost his leg from below the knee.' ' The defendant denied that he was negligent, .or that the amputation was due to any act or default on his part. He denied that he was guilty of any breach' of- warranty and ,pleaded that when he. first examined: the plaintiff he'found him to be suffering- from severe gangrene of the left-foot, and a condition of swelling known as cellulitis extending upwards.-as far as the patella. -He said that-'he, thereupon told the plaintiff that, in his opinion, it .was / practically- impossible ,to save his foot and probably his leg,; and that an amputation should be perfbrmed immediately. . The . defendant .said...that the plaintiff then earnestly. requested him to try to do something to save his leg, and he consented to do so,'.although it was, in his opinion, a nearly hopeless'attempt. THE LEGAL POSITION. In summing up, Mr. Justice Atkinson said: .. • ■ ' . "We know that the medical profession likes to think it is the sole repository of knowledge of the art of healing Ido not know that everybody agrees with that, and in fact there, cannot be very much doubt that there are other practitioners who are rendering considerable public service. Herbalists are recognised legally. In, the-time of Henry ~ylll\ a: statute .-.was.-; passed recognising that all people with.knowledge and experience of .herbs should, be permitted to practise;;- . And,- curiously enough, that statute ' has never been repealed. ' ';■'■'■ ■'. :; ; "Naturopathy seems to-be .a-com-bination of herbalism with certain treatment,-: described as nature-treat-ment, ■ and; there 'are certain associations which, by examination, sought,to achieve ;a7 certain standard,: of skill among persons who practise nature-, cure. I' suppose that everybody will admit that we owe the" '. present-day, benefits of fasting to the teaching of. naturopaths. Therefore, .it does. not. do to disparage these unorthodox practitioners—or to,jeer at them, or-to pour contempt' on them." ■, •/, According to ajegal authority, said the ■ Judge,' a*manS who undertook the public practice 6f'a:iy profession-under-took that he had the orinary skill .^and knowledge necessary to "perform his duty towards those resorting to him in that character. . ■■■ . His Lordship said that the issue became most serious when the jury_considered the evidence of. the plaintift that the defendant told him, after the first few days, that he had saved his foot, and advised^ him to carry-.on, to complete the cure. If the .'plaintiff's,! evidence was right, it was -not a case of -want of skill, but of ...sheer, dis°The yj"ury found that the- defendant was guilty of breach of duty un> the advice and treatment he gave. ' The total amount of damages awarded was divided into £40,; fees to be returned,, £50 for unnecessary pain and suffering, and £400 for the loss of the plaintiff's leg. , ■ ,