CLAIM SETTLED

New Zealand Herald, Volume LXXV, Issue 23196, 16 November 1938, Page 17

CLAIM SETTLED

HOSPITAL BOABD iftJED SUM OF £2OO ACCEPTED "ENTIRELY ADEQUATEHIS HONOR'S COMMENT - .j! A settlement between the j I parties vcas reached yesterday and an lounced in the Supreme Court in the case in which a former hospital patiept, Mrs. Molly Bailey, of Point Cillltevalier, brought a claim for £750 general damages against the Auckland Hospital Board. Evidence in support of the claim was heard throughout Monday. Mr. Sullivan and Mr. Winter Appeared i'or the plaintiff, and Mr. V. K. Meredith and Mr. N. I. Smith for ilhe Hospital Board. The claim was based on an allegation that after an operation in the hospital on July 28 a piece of surgicml gauze had been left in plaintiff : s bc|dy, ahd that she was discharged without being told about it. She claimed that this had caused her physical inji ry and imffering. Mr. Sullivan said the j Hospital Board had paid into Court b<fore the ease began £2OO damages and;£ls 13s costs. He had been instructed by his client to accept that amount j a settlement of her claim, and he auked His Honor to enter judgment acordingly. Mr. Meredith said that Was the position. He had been informed nhat Mr, Sullivan was prepared to acc jpt the amount which the board pa id into Court before the trial started.. In entering judgment on tie terms mentioned, Mr. Justice CallailL said it was not improper, and it might possibly be useful to the parties, for him to express an opinion. Afte.' having listened most carefully to the technical medical evidence, and spent some, time in studying it the previous evening, he had the clear opinion that, evuin on her own medical evidence, without waiting for what might have been said by witnesses on the other side, th<i amount which the plaintiff had decided to accept was entirely adequate md sufficient for any injuries! she had.; suffered.