Damages Claimed

Hawke's Bay Tribune, Volume XV, Issue 215, 10 December 1925, Page 4

Damages Claimed

AGAINST A PALMERSTON DENTIST. ALLEGED NEGLIGENCE AND DEFAULT. Palmerston North, Dec. 10. The adjourned quarterly sitting of the Supreme Court were resumed this morning before Mr Justice Ostler. The hearing was commenced of an action wherein John Andrew Roy Andresen, enginedriver, of Foxton, and wife, Emma Andresen, are claiming from T. J. Rowley, surgeon dentist, of Foxton £703 4s lid. The statement of claim set out in July of last year, defendant extracted two teeth from Mrs Anrosen’s upper jaw, then proceeding to extract a tooth or teeth from the lower jaw. Defendant, it was alleged, had not the consent of tho plaintiffs to extract any teeth from the lower jaw. It was further alleged that defendant was so negligent and unskilful in the extraction of the tooth from the lower jaw that he seriously factured it, necessitating hospital and medical attention. Plaintiff .J. A. R. Andresen, claimed £lO3 4s lid cost of expenses, etc., and £lOO damages. Mrs Andresen claimed £5OO damages. The statement of defence denied that defendant had not been instructed to extract two teeth from Mrs Andresen’s lower jaw. Defendant denied allegations of negligence, etc? Defendant added in a statement that ho endeavoured to extract two teeth from the lower jaw, but the operation proved unexpectedly difficult, and acting as ho believed for the best interests of patient, suggested that tho extraction should be attomped by Dr. Wyllie, a qualified medical practitioner. In extracting one tooth without any negligence or default on the part of Dr. Wyllie or defendant, the jawbone of Mrs Andresen was fractured.

The statement further set out that if the jawbone was fractured by negligence or default of Dr. Wyllie, which defendant denied, defendant was not responsible.

THE DOCTOR’S EVIDENCE. Opening for the defence, Mr. Moody asked for a non-suit as there was no evidence of negligence. His Honour reserved tho point. The hearing of evidence for the defence is proceed-

Dr. Wylie, of Foxton. said that the defendant’s arm was developing temporary paralysis and he extracted a tooth. Witnes worked at it longer than tho average, time, but not a great time. Ho could not think of anything abnormal in tho extraction. During the operation he hoard the cracking of tho jaw and found it fractured. Witness advised Andresen that he was responsible for its breaking. He had since seen tho X-ray plates of the jaw and noted tlie tooth in an extraordinary position. Where the fracture occurred the bone was not normal, an extremely rare condition.