PATIENT'S CLAIM

New Zealand Herald, Volume LXXV, Issue 23111, 9 August 1938, Page 12

PATIENT'S CLAIM

(HOSPITAL BOABD SUED

ALLEGED NEGLIGENCE -SECOND HEARING OF CASE ( EVIDENCE ABOUT SWAB After an interval of two months the claim for damages against the Auckland Hospital Board by a patient who alleges that a swab was left in her abdomen after an operation was again brought before a judge and jury in the Supremo Court yesterday. The plaintiff, who is represented by Mr. Sullivan and Mr. .Winter, is 3lrs. Mary Margaret Barry, of St. Heliers, aged 33, and she is claiming £I6OO general damages and £213 special damages from the Hospital Board (Mr. V. ft. Meredith and Mr. McCarthy) on the ground of alleged negligent or incompetent treatment. The case is being, heard before Mr. Justice Fair'. Plaintiff was admitted to the Auckland Hospital on January 10, 1937, nnd was operated on on January 11 and again on April 7. She was discharged finally on October 19, and in November she entered the Mater Misericordiae 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. Presence, of Swab Denied. The defence denied that a swab or • any such foreign body had been found in the plaintiff or that the board had been guilty of any negligent or unskilful treatment of her. ; The case when first heard early in Jjine occupied Mr. Justice Callan and af jury for six days, and after an extended retirement, the jury failed to reach an agreement. Mr. Sullivan was then granted leave for a new trial. . I Mr. Meredith made an application yesterday for an operating table from the Mater Misericordiae Hospital to be brought from the vestibule into the Ciourt and also asked that the jury be * taken to view the operating theatre and its surroundings at that hospital. This was agreed to. £Mr. Meredith said it had been agreed that plaintiff would confine her case to the allegation that a swab had been found. t Mr. Sullivan said he agreed that if he. could not prove that a swab had been found there was no case of any kind. In his opening address to the jury he said ho wished to emphasise that the action was against the Auckland Public Hospital and had nothing to do .with, the Mater Hospital. Plaintiff's Evidence , Plaintiff said she was operated on for acute appendicitis by Dr. Dreadon at the Auckland Hospital on January 11, 1937. She described her subsequent illness and s'uffering, and her recovery after Dr. Bridgman's operation at the Mater Hospital. 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 fotmd anything he would not answer. In answer to Mr. Meredith witness 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. Mr. Meredith :*■ Have you ever seen .the swab ? Witness: I never wished to see it. Having it in me was quite enough. Mr. Meredith: Have you heard of anybody but Dr. Bridgman who claims to have seen this swab?— No. I have Hot aeked nor discussed it. Doctor in Witness-Box

Dr. J. W. Bridgman said that in 'November, 1937, lis 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,. "Witness explained to His Honor and .the jury X-ray plates, which, he said, indicated the presence of a foreign body in the.plaintiff. During the operation, witness said, he removed a piece of brown felt-like material the isize 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-liko material, but he found on the inside of a cyst "he had removed a loosely adherent swab of cotton mesh. He placed it in'an-envelope and put it in the pocket of his motor-car. Swab Later Destroyed

Witness said' he did not make any reference to tho finding of the swab in the chart ho 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 1 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 firstsatisfied himself that there was a foreign body present he iwould certainly not liavo operated.

The witness was under cross-examina-tion by Mr. Meredith when tho Court £ose untii this morning.