ALLEGED MISADVENTURE.

Otago Witness, Issue 3882, 7 August 1928, Page 14

ALLEGED MISADVENTURE.

HOSPITAL PATIENT S CLAIM FAILS.

WELLINGTON, July 31

On behalf of David Costley, a Harbour Board employee, who was sued by the Wellington Hospital Board for £53 3a for hospital fees, Mr Leicester to-day submitted that the amount should be reduced, as it was alleged there had been misadventure during an operation for appendicitis. The defendant, in the ordinary course, said counsel, should have been in hospital only about three weeks, but remained 117 days, and was virtually thrown out of work for nine months. Counsel admitted that from the legal point of view the defence should establish negligence on the part of someone on the staff, but there appeared to have been misadventure. That fell short of actual negligence, a bowel having been punctured during the operation, it was alleged, setting up faecal fistula. Dr Wilson, former superintendent of the hospital, who himself performed the operation, said that the patient was suffering from acute appendicitis and threatening peritonitis, and an operation was performed primarily to save his life. There was absolutely no misadventure. Had the bowel been punctured the defendant would probably have been dead in a few days. It was a quite frequent sequel to acute appendicitis operations for faecal fistula to crop up. The magistrate (Mr E. Page) gave judgment for the board, and remarked that the question of hardship was a matter for the board to deal with.