FRAUD ALLEGED

New Zealand Herald, Volume LXXI, Issue 21932, 16 October 1934, Page 10

FRAUD ALLEGED

CHIROPRACTOR SUED WOMAN'S CLAIM IN COURT •"•PUNCH ON BACK OF NECK" EVIDENCE BY DOCTOR [by telegraph —OWN correspondent] GISBOHNE. Monday A claim by Norah Annie Salisbury, of Gisborne, against Clarence Leslie Turner, chiropractor, of Gisborne. for £4B 4s, was heard in the Gisborne Magistrate's Court to-day before Mr. E. L. Walton, S.M. Mr. Burnard appeared for the plaintiff and Mr. Nolan for defendant. Plaintiff alleged that defendant fraudulently represented to her that she was suffering from an injury to or maladjustment of the neck, and that by treating her for three months a cure would be effected. Plaintiff now maintained that her condition was not as stated. Plaintiff alleged that she was induced to pay £l6 4s, which included £1 10s for X-ray examination and 14 weekly ( payments of £1 Is in advance for treatment, and that she also paid £2 2s for subsequent medical treatment. In all, £4B 4s was claimed, including damages for loss of time and great pain and suffering. Plaintiff also claimed that defendant negligently and unskilfully diagnosed her case and unskilfully treated her. Mr. Burnard read pamphlets which he said plaintiff secured from defendant, outlining many ailments from a maladjustment of the spine injuring the nerves leaving the spinal column. Visit to Defendant Plaintiff, in evidence, said a doctor advised her to go into hospital last year, and she was told that her trouble was cleared up. On March 2 she went to see defendant, and told him she had a pain in the small of her back. Defendant replied that the trouble was at the back of her neck and, on his suggestion, an X-ray photograph was taken. Defendant said she could be cured by treatment in three months, by which time she would be a different woman. Rubbing given by defendant seemed to ease her, said plaintiff, but each time defendant seemed to give her a punch on the hack of the neck, and this pained her. She was too ill at the end of three months to continue with the treatment. Afterwards defendant called at her home and asked for the X-ray photograph, * which plaintiff could not find after defendant had left. When plaintiff asked defendant for the photograph he refused to hand it over and, accordingly, she sought legal advice: Later she had medical treatment and had not completely recovered. Defendant Cross-examined To Mr. Nolan, plaintiff said she had not been feeling well for about 12 months before she went to see defendant. She left hospital at the end of last year, before securing her discharge, and signed a document accordingly. Plaintiff also admitted that she told defendant she had gone to Rotorua for treatment for a time. She thought her condition was improving, and told defendant so, because she had concentrated her mind on getting better. Mr. Nolan: Did you ever say to defendant, 'I feel so much better that I could hug you?' Witness: Oh, I never said anything of the kind: To further questions, plaintiff denied that defendant suggested she should consult a doctor for an attack of influenza and bronchitis. She said the rubbing defendant gave her eased her pain temporarily, but the pain returned by evening. Mr. Nolan: When you had influenza defendant called at your place ? Plaintiff: Yes. And he got hot water bottles for you ? —No, he did not. All he did was to give me a crack on the back of the neck. I had a boy to get the hot water bottles for' me. Medical Practitioner's Statement "Mr. Nolan: When you had your second illness defendant suggested that you should call in Dr. Brown ? Plaintiff: He did not. I put it to you that when defendant suggested that you should get the doctor, you said you were sick of doctors? —That's a lie. Dr. Goulding Rice stated that the X-ray photograph showed no evidence of a dislocation of the spine. Mr. Nolan: You have no faith in chiropractic? Witness: No. It is based on unsound premises. Massage had been used long before chiropractic began, but it must be used after proper diagnosis. The medical profession is antagonistic?— The medical profession is opposed to it. In spite of success under treatment ? I am not prepared to admit that. Thomas George Luxford, chiropractor, of Hastings., giving evidence for the defence, said he had received his training in the United States. The X-ray film showed sufficient maladjustment to cause nerve pressure. The conditions j were not normal for a healthy spine, and chiropractic adjustment would correct the position. The case was adjourned.