PATIENTS SUE DENTIST

New Zealand Herald, Volume LXXI, Issue 21729, 19 February 1934, Page 12

PATIENTS SUE DENTIST

BURNS ON THE HEELS COURT AWARDS DAMAGES [BY TELEGRAPH —OWN CORRESPONDENT] MASTERTON, Saturday In the Magistrate's Court this morning judgment was given by Sir. J. Miller, S.M., in two civil actions in which many of the facts and much of the legal arguments were common to both plaintiffs. John Martyn Archer, of Carterton, and Davey Douglas Palmer, of Masterton, alleged that while each was under an anaesthetic for extraction of teeth a hot water bag was so improperly allowed to come in contact with each plaintiff that each received burns on the heels. A peculiar coincidence was that the operations took place on successive days. In both cases Basil Peter Colvin, dentist, and John Cennick Forsyth, medical practitioner, both of Masterton, were defendants with William John Grose, dent~l technician, formerly of Masterton and now of Auckland, added as a defendant in the case of Palmer only. At the conclusion of the hearing in Palmer's case a nonsuit was given in respect to Grose, as no partnership or act of negligence had been proved. Plaintiffs were nonsuited as far as the defendant Forsyth was concerned, the magistrate holding that the use of a hot water bag was not part of preparation on behalf of an anaesthetist.

Judgment in each ease was entered against the dentist Colvin. Archer was awarded £32 6s 6d, with costs, including £2O by way of general damages, and Palmer was awarded £IOB 19s 2d,, with costs, general damages in this case being £6O. Costs were awarded to both of the successful defendants, Forsyth and Grose. The cases are the first of their kind to come before the Court in New Zealand and the decision is of particular interest to the medical and dental professions.