“Swab” Case Before Supreme Court

Northern Advocate, 9 August 1938, Page 9

“Swab” Case Before Supreme Court

fSpecial to "Northern Advocate.”] AUCKLAND, This Day. In the Supreme Court yesterday, the second hearing of the case in which Mrs Mary Margaret Barry, of St. Helier's. is claiming £I6OO general damages and £213 special damages from t!ie Auckland Hospital Board, was continued. Mr V. R. Meredith and Mr McCarthy appeared for the Hospital Board, and plaintiff is represented by Mr Sullivan and Mr Winter.

Plaintiff was admitted to the Auckland Hospital on January 10. 1937. and was operated on an January 11 and again on April 7. She was discharged finally on October 19, and, in November she entered the Mater Miscricordiae hospital. She was operated on there by Dr. J. W. Bridgman on November 27. and alleged that he removed from her a piece of swab that had been left by the servants of the Auckland Hospital Board. After Dr. Bridgman's operation she made a rapid recovery. Plaintiff’s Evidence. Giving evidence yesterday afternoon, plaintiff said she had first heard about a swab having been found in her from Mr Sullivan. Mr Sullivan had spoken of a “foreign body"’ having been found, and also of a swab. She described her illness and suffering after her operation at Auckland Hospital on July 11, 1937. She said that in July .a nurse at the Auckland hospital mentioned the possibility of a swab having been left in. When plaintiff asked Dr. Bridgman if he had found anything he would not answer. Operations. Dr. J. W. Bridgman, said that in November, 1937, he advised plaintiff to return to the Auckland hospital, but she would not- go. He got her into the Mater hospital on November 18. He had come to the conclusion that there must be a foreign body causing her trouble. During the operation, witness said, he removed a piece of brown felt-like material, the size and shape of a swab, and placed it in a tray. He did not examine it at the moment, because of the urgency of the operation, but he returned to do so after it was all over. He could not then find the felt-like material, but he found on the inside of a cyst he had removed a loosely adherent swab of cotton mesh. Pic placed it in an envelope and put it in the pocket of his motor car. Witness said he did not make any reference to the finding of the swab in the chart he wrote up because there had been a great deal of talk about Mrs Barry's condition, and the charts were put in a place where practically anybody could see them. He intended to complete the report later. The swab was destroyed when he was rearranging his surgery nearly a month later.

The removal of a foreign body was the only condition that would account for the dramatic recovery afterwards made by Mrs Barry, witness said. He thought the Auckland hospital authorities should have carried their investigations further than they did. If he had not first satisfied himself that there was a foreign body present he would certainly not have operated. The Court adjourned until today.

Surgeon Cross-Examined. On the resumption of the case today, Dr. Bridgman was cross-exam-ined by Mr Meredith. The witness said he did not mention .a swab to any other medical man before the operation, but he did mention a foreign body to Dr. Grant and Dr. Robb. He used the term “foreign body” to mean something that should not bo there. “It is remarkable how they agree.” commented the witness, when counsel pointed out that Dr. Masked had said a saline injection (to counteract shock) had not been given during the operation, whereas witness said such injection was given just at the close of the operation. He said he knew also that Dr. Gwynne did not support his statement that he told Dr. Gwynne he had found some layer of gauze, but pointed out that Dr. Gwynne at the same time said lie was very busy at the time.

Witness added that he might have spoken to Dr. Maskell just after the operation. He could not remember, but he was certain he would not say he thought he had seen the impression of a swab. At that time he had in mind the piece of brown tissue the size of a swab, and he would not use the word “impression.” He went back to the operating room immediately, but could not find that piece of material.

Asked to explain why lie changed and washed before returning to examine such unpleasant material, the witness said he had been for two hours concentrated on the operation on a very hot. day. and was glad to get out for a breath of fresh air. In reply to questions. Dr. Bridgman said he knew of nobody other than himself who had seen the swabs he had taken from Mrs Barry's body. He said that it came out from the wound in one piece, not in small pieces. (Proceeding).