ALLEGED NEGLIGENCE.

Otago Witness, Volume 1851, Issue 3809, 15 March 1927, Page 75

ALLEGED NEGLIGENCE.

CLAIM AGAINST DOCTOR. JUDGMENT FOR THE DEFENDANT. WELLINGTON, March 10. William George Coilins claimed in the Supreme Court, yesterday before Justice MacGregor £607 from Dr Herbert Charles Faulk e for alleged negligence in the removal of four on JJovember 16, 1926, as a result.oi which plaintiff claimed his jaw was broken and became highly septic, and he bad to go into hospital for over a month, and is now an out-patient. The defence was a denial of negligence. Defendant’s statement was that he examined plaintiff, and found his mouth to be septic. The' tonsils were large and septic, and at least two teeth carious. Ou November 16 plaintiff complained of headache, and urged defendant to perform an operation for the removal of the teeth and tonsils. The operation was performed at defendant’s surgery. Three teeth were extracted, one to facilitate the extraction of a molar in the lower jaw. This molar was extracted with considerable difficulty, but with all due care- There was no sound or suggestion of breaking, and no displacement of the jaw until the gag was re-inserted for the guillotining of the ton- ■ sils, when the jaw gave way. The jaw 1 was thereupon wired in order to keep it in position. Considerable technical evidence was called. In giving judgment to-day his Honor found that Dr Faulk was not negligent, but that the plaintiff was himself neglient in not following out the defendant’s instructions. Although it was unusual, the breaking of a jaw was always liable to accompany the extraction of teeth. The sepsis, his - Honor said, was in the tooth and jaw at tire time of the extraction. A verdict was given for the defendant who did not press for the costs of the action.