CLAIM AGAINST HOSPITAL BOARD.

Manawatu Herald, Volume LIV, Issue 4406, 18 October 1934, Page 3

CLAIM AGAINST HOSPITAL BOARD.

FOR ALLEGED NEGLIGENCE.

JUDGMENT FOR. BOARD

Dunedin, October 16

An important judgment of the Supreme Court was delivered this morning by Mr .Justice Kennedy in a claim against the Waitalki Hospital Board for £2,000 damages for injuries alleged to be due to negligent treatment by nurses. The ease was heard at Oilman; in July. Plaintiff, who received injuries at the Waitaki hydro-electric works, was in a state of collapse after an operation, and the house surgeon ordered the use of a radiant heat cradle, during the use of which one of the plaintiff’s knees was burned. Some time after his discharge septic infection necessitated amputation. His Honour held that in some unobserved period the patient was burned on the knee, and that such injury would not have occurred had the nurse in charge properly applied her professional skill. His Honour held, however, that in her professional treatment- as apart from her ministerial treatment of a patient, a nurswvas bound to apply her professional skill and training subject, to the orders of the doctor, not of the board. The proper /inference was that the board could not interfere by rule or supervision with her woffle. Tn such circumstances and in such treatment under the doctor she was not the board’s servant. He held that the neglect was not in the matter of mere ministerial ward duties or routine, but in the discharge of professional duty, and the judgment was given for the defendant board with costs.