NEGLIGENCE ALLEGED

Poverty Bay Herald, Volume LXI, Issue 18528, 15 October 1934, Page 11

NEGLIGENCE ALLEGED

■ " * " ~~ CLAIM ON CHIROPRACTOR • ACTION FOR £4B/4/;T _ A • by Norah Annie Salisbury, Gisborne, against Clarence Leslie Turner, chiropractor, Gisborne, was heard by Mr. Wplton, S.M., , Mr. L. T. Bumara appeared for the plaintifi ana MifFrW- NOI3IX for the defendant. 4 t ,ißlaibtjjff alleged tmL defendant fraduloAtly..represented to tlje plgipß# that was suffering from an injury to or maladjustment of the neck and that by treating the same for a period of three months a cure would be effected. The plaintiff now maintained that her condition wag not as stated, and the claim <®ntinuecf that, the defendant made the said representations fraudulently, and the plaintiff was induced to pay £l6 4s, <?t which £1 10s was for X-ray and 14weekly payments of £1 Is in advance for treat merit and £2 2s for subsequent medical, treatment, In all, £4B 4s was claimed, including damages for loss ot time and. great pain and suffering. The plaintiff also claimed that the defendant negligently and unskilfully diagnosed the plaintiff’s case and unskilfully treated the

plaintiff. . .... Mr. Barnard rpgd pamphlets plaintiff secured fr°W the defendant, these lioing ijnany ailments from a maladjustment of the spine injuring nerves leaving the spiral column. Reading from a publication 01 trie Araericau Medical Associiition, Mr. Barnard declared that nerves coming irom tha. spinal column had never been obto be pinched or damaged in Having the spinal column, for a treinendout amount of fat and muscle prevented such aa occurrence. Therefore, when a

chiropractor told a patient that the spinal column pressed on to the nerves the statement was misleading. Counsel said that chiropractic was a system invented by an American and developed by sales 4UJ. Counsel submitted that a medical man must exercise reasonable skill, and one such case succeeded against

a chiropractor. The pjaintiff, in evidence, s?id that Dr. Brown advised her to go into hospital last year, and she wgs told that her trouble was cleared up. On MArch 2, she went to see defendant, and told him that she had a pwn in the small of her back. The defendant replied that the trouble was at the back of her nock, add on his suggestion an X-ray photograph was taken. The defendant said that she coujd he cured by treatment, in three months, by which time she would he a different woman. The rubbing giyen by defendant seemed to ease her, but each time defendant seemed to give her a punch, on the back of tbo neck, and this pained her. She was too ill at tjip end of three months to continue with the treatment. Aftenyayrjs, the defppdaut called at her home, and asked for tip X-ray photograph winch the plaintiff could not find after the defendant had left - When the P ,;uiltlf{ asked the defendant for the photograph, he refused to hand it over, and accord.intdv she sought legal advice. Later, the defendant had treatment from Dr. Brown, gnd she was now completely reTo Mr. Nolan, the plaintiff said that f, had not been feeling well for about month# before she went to see the endant. Sjhe left the hospital at the end oflast year before securing her disSSfcrge, and signed a document accordimjiy. Plaintiff also admitted that she told tbp defendant that 3he had gotV to Rotorua for treatment. For a time, th* plaintiff thought that her condition was Woving, and told the defendant so, because she had concentrated her mind on getting better. . Mr. Nolan: Did you ever say to the defoidant, “I fed so much belter that I could hug yon?’’ .(Witness: Oh! 1 never said anything Ito farther questions, the plaintiff denied that the defendant suggested that, the plaintiff should consult a doctor for an attack of jpfluenzg and bronchitis. •Cross-exan)ined by Mr. Nolan, plaintiff in, her evidence said that the rubbing the defendant gave feer eased the pain temporally, but the pain returned by evening.’ , , . „ Mr. Nolan: When you had mflyenza, the defendant called at your place.--i es. And be got hoi water bottles for you? —Ndi lw did not. All He did was to rive mo $ crack on the back of the neck. I had a boy to the hot water bottles for me. t When you had your second illness, the defendant suggested that y.Q.u should call in Dr. Rrown?- He did not

I put it to you, that when the defendant suggested that you should get the i doctor, you said that you were sick of doctors!—That’s a lie. Did lie suggest that you should not be getting in and out of bed but to get help!—ffe might have said that. Later, did Mr, fijpur tell you after taking Mocxl tests whether you were »i a weaker snd moro enfeebled condition and that you should see a doctor? —No. Did you tell Mr. Turner at any time that you were not improving?—No, not until I left off going to him, but my neck was still aching. I was sick and tired talking about my neck. Continuing to answer questions from Mr. Npjan, the plaintiff said that she Secured tho X-my photograph from the -Wendant, saying that she wished to allow it to a fiiepd. Afterwards, >? ho " the plaintiff stopped going for treatment, the defendant called on her and asked for the X-ray photograph, taking it away with him. She went to his rooms, and asked for the photograph back, and called him a d fraud when he refused, after an exchange of words. Mr, jfelan; Did you call him a d liar?—No. ' Or' a 4- — thief?—No. You 'didn’t?—l do recollect saying thief. Yes, I said, you are a thief to