MEDICAL TREATMENT.

Hawera Star, Volume XLVIII, 15 August 1924, Page 3

MEDICAL TREATMENT.

CLAIM AGAINST DOCTOR, £2OOO DAMAGES SOUGHT. (BY TELEGRAPH —PRESS ASSOCIATION.) AUCKLAND, Aug. 14. lhe action against a doctor was continued at the Supreme Court to-day before Mr Justice Stringer and a jury of 12. Marjory Mary Ann Lawrence, wife of Edward Francis Lawrence, of Hamilton, sought to recover £2OOO damages from Dr. H. Dundas MacKenzie, of Auckland, alleging negligence in treatment and false and fraudulent representations made for the purpose of inducing her to undergo such treatment. Mr F. Strang appeared for the plaintiff, and Mr A. H. Johnstone (with him Air Dickson) for the defendant.

Dr. Kenneth MacKenzie, surgeon, said that where cancer was confined to the breast an operation would result in a cure in about 60 per cent of eases. He .supported this view by quoting from the collected papers of the Alayo clinic for 1922 that if all cases of cancer of the breast could be recognised early 75 to 80 per cent could be permanently cured. In modern times the operation was practically a safe one, the mortality not being above one to three per cent. . Plaintiff stated that when she first saw defendant he took a samnle of blood from her ear and placed' it on blotting paper. After examining the blood he said, “You are a lucky woman,” adding that there was not cancer and there was no need to punch holes in her. Defendant stated lie could cure here without an operation with four or five weeks’ treatment, which consisted of sitting on chairs with plates with a wire rfttaclied upon different parts of the body. After a time she told defendant she still had pains, and asked if she was being cured, and he said “Yes.” On one occasion he said the pains were caused by the germs dying hard. After five weeks’ treatment .defendant- toldiher that the trouble was cleared up. a?he swelling in the breast had then increased, and she was suffering continuous pain. Subsequently she had three weeks’ more treatment without relief from pain. She saw defendant four months later, having no relief meanwhile, and defendant advised further treatment, which she underwent. After another examination defendant said there was nothing to worry, about, adding that the swelling might take weeks or months to disperse. Later she wrote to the defendant, stating that she felt better in general health, but she was still worried about the breast. Defendant suggested seeing him again, and she did so. Defendant took another blood test, and then asked her what she had been doing to “get her trouble.” Plaintiff replied “What trouble?” and defendant said “Need you ask?” He then said she had cancer in the breast, and advised her to have an immediate operation. Plaintiff said to defendant: “What do you mean by saying I have cancer in my breast ? When I came to you months ago you said I had not got cancer.” Defendant replied: “Well, you have got it now,” and advised her to have her breast off. She attended the Hickson Mission at Hamilton without, result, and then underwent an operation by Dr. Joseph. She paid defendant about £4O. ' Asked why she had delayed the operation so long, witness said defendant stated it would probably take months to effect a Cure. At this stage Air Johnstone submitted there was no evidence to go before the jury on the alternative cause of action.

His Honor: I don’t think there is. It is a case of negligence. Air Dickson, opening for the defence, said the -allegation was a simple one. Had defendant been guilty of negligence in performing his duty as a physician? Defendant had used two methods of diagnosis, the ordinary clinical method of a physician, and as an adjunct the Abrams system of diagnosis. ATaeKenzie was not a member of the British Medical Association. He, .however, was a doctor horn in New Zealand, who had practised medicine for 20 to 30 years, with vast experience and an unblemished record. AY hen plantin' was advised in Hamilton shewent to defendant. She did not want an operation, and she had heard how MacKenzie had effected cures bv the Abrams method. AVhen MacKenzie saw plaintiff in August, 1922, his diagnosis of chronic mastitis was correct. He treated her for seven clays in 'March. Plain+iff then left and did*not return, so defendant had no chance of observing her condition between Afarch, 1923, and August or September, 1923. Plaintiff bad developed cancer, • and because she developed cancer when not receiving defendant’s treatment she claimed £2OOO. In September, when AfacKenzie again saw plaintiff, lie diagnosed correctly. AVhen plaintiff knew she had cancer she delayed a month before undergoing an operation. MacKenzie did everything an ordinary physician would do. An error of judgment, counsel submitted, was not negligence.