HOSPITAL DOCTOR SUED

Greymouth Evening Star, 9 July 1931, Page 3

HOSPITAL DOCTOR SUED

ALLEGED WRONGFUL DISCHARGE [PEE PBESS ASSOCIATION.] AUCKLAND, July 7. A case involving the rights of public hospital authorities to discharge patients at their discretion came before Mr. Justice Smith in the Supreme Court. The action was a claim by an ex-patient of the Auckland Hospital for £6OO damages and costs against Dr. C. E. Maguire, Medical Superintendent of the Hospital, for alleged wrongful discharge. Plaintiff was Saul Moroney. Counsel said Moroney was a patient in the Auckland Hospital. When Dr. Maguire was going his rounds he found Moroney smoking, and told him that was permitted for only half an hour after meals. Two mornings later it was recorded that plaintiff was discharged by the Medical Superintendent for smoking against orders out of smoking hours. Counsel said Dr. Macguire told the Sister to discharge Moroney at once. 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. Macguire, having no authority in law, wrongfully ordered Moroney’s discharge, and in consequence of this alleged negligent and unskilful treatment. Moroney had suffered great, pain and loss. For the defence the ordering of plaintiff’s discharge was admitted, but it was denied that there was any negligence or want of skill on defendant’s part. . His Honor said it was clear to him that the plaintiff must be non-suited. The very first allegation, that Dr. Macguire, having no authority in law, had wrongfully ordered plaintiff’s discharge, had not been proved. Further, 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, plaintiff’s own medical evidence was that it made no difference whether he remained in hospital or not. Plaintiff must be rton-suited with costs according to scale.