X-RAY TREATMENT.

Otago Witness, Issue 3672, 29 July 1924, Page 10

X-RAY TREATMENT.

ALLEGED NEGLIGENCE. AUCKLAND, July 21. Alleging negligent conduct of X-ray treatment, as the result of which his left hand was severely burned, Peter Andrew Nairn Smith, an engineer, of Auckland, took action in tile Supreme Court against August iirackeDush, a masseur, of Auckland, and George De Olive Lowe, a mldical practitioner, of Auckland, claiming jointly and severally the sum of £BOO general damages, £250 special damages for the loss of profit from his business, and £IOO special damages for medical and hospital expenses. The ease was heard before Mr Justice Stringer and a special jury of 12. The statement of claim set forth that in September, 1919, plaintiff damaged his hand in a lathe, and the wound did not heal completely. In May, 1920, the defendants undertook to heal his hand by a course of X-rav treatment. Brackebush gave plaintiff a course of X-ray treatment which Brackebush alleged was given under tho supervision and direction of Dr Do Clive Lowe, and (it was alleged) the defendants so negligently conducted the treatment that plaintiff improperly suffered a severe X-ray burn. As a result plaintiff suffered great pain and incurred further medical and hospital expenses in an endeavour to remedy the evil. Finally, after a long course of unsuccessful treatment, plaintm had to undergo an operation and have the burned portions of his hand removed and a piece of flesh from his arm grafted on. Thereby, Smith suffered permanent disfigurement to his hand, lost much time and profit from his calling, and incurred lurther medical expenses. The defence set up by Dr De Oliva Lowe was a general denial of the allegation. He denied that Brackebush gave plaintiff a course of X-ray treatment, which Brackebush alleged had been given under the supervision and direction of defendant (Dr De Olive Lowe), and that the defendant so negligently conducted the treatment that plaintiff suffered a burn. TTie defence filed by Brackebush was a general denial of the allegations and a denial that the treatment of plaintiff was directed to the healing of a wound caused by any form of physical injury. Defendant alleged that plaintiff was suffering from epithelio motous or cancer on the tissues on the back of the hand, and that ha (Brackebush) undertook to and did treat such a oondition according to and under the supervision of plaintiff’s medical advisor (Dr De Olive Lowe). In his evidence, plaintiff said that his business had gone back to the extent of £I4OO -while he was under treatment. Medical evidence was given for the defence, and the hearing was then adjourned.