FINGER REMOVED

Southland Times, Issue 22473, 8 November 1934, Page 8

FINGER REMOVED

DAMAGES CLAIMED action against doctor SUCCEEDS amount reserved (Per United Press Association.) Gisborne, November 7. The hearing of a claim for £l5OO damages for alleged negligent treatment was commenced in the Supreme Court this morning before Mr Justice Ostler. The claim is made by Brian Pelham Dods in respect to an operation performed on his left hand at the Public Hospital and the defendant is Dr. R. J. B. Hall, Medical Superintendent. The statement of claim alleges that plaintiff was suffering from an injury to the ring finger of his left hand and consented to the removal of the finger. The statement alleges that the middle finger as well as the ring finger was removed. Plaintiff therefore was unable to continue his occupation as a butcher. The defence is a denial of the allegation of negligence. Mr L. T. Bumand for the plaintiff submitted that the Medical Superintendent was the person responsible and that the house surgeon, who performed the operation was his servant for the purpose of the operation. Mr D. R. Hoggard, counsel for the defendant, stated that the defence did not admit the facts were quite as were stated by the plaintiff. Dr. Hall was not, as suggested, looking over the shoulder of the house surgeon who performed the operation. Dr. Russell Thomas, a house surgeon at Cook Hospital, gave evidence that he performed the actual operation. Witness said the hand was prepared for the operation by means of a table placed at right angles on the patient’s leg. One of the nurses held up the affected arm and witness painted the whole hand with iodine. The next step was to place a sterile towel on the table and witness then placed a similar towel between the ring and middle fingers to Isolate the finger to be operated on. The patient, moved and contaminated the towels and the whole thing had to be done again. Witness repainted the hand and was just going to place a towel between the fingers as before, when Dr. Hall asked him to put it round the wrist as it tended to obstruct the operation in the previous position. Witness did so. The arm up to the shoulder was covered with sterile cloths and the operation commenced. Witness took hold of the hand indicated a spot on the hand and asked Dr. Hall if he would cut in there. Dr. Hall then indicated a point nearer the knuckle. Witness evidently then had the wrong finger. His Honour: And he showed you on the wrong finger the place where the first cut ought to be made. Witness said “Yes.” He confirmed the position for the commencement of the operation and he proceeded to amputate the finger. Dr. Hall was watching all the time and directing the operation. Dr. Hall turned to leave the room when the operation was over and witness then discovered what had happened and called him back. .It was witness who first noticed the mistake and drew Dr. Hall’s attention to it. The technique which witness had first used in isolating the affected finger was that to which he had always been accustomed. He was certain that in the first instance he had isolated the right finger. Dr. Richard J. B. Hall, Medical Superintendent of Cook Hospital, gave evidence as to the operation. He said that he gave instructions to put on fresh sterile guards after the patient’s convulsive movement. After that was done, continued witness, Dr. Thomas grasped the hand and indicating a point asked whether he should start there. Witness said “no, nearer the knuckle.” Witness did not point out the exact spot where the incision was to be made. The fingers were not all visible then. Witness did not observe Dr. Thomas was amputating the wrong finger. Witness was present most of the time, but was not watching the operation all the time. His Honour: Your presence as Medical Superintendent was directing the operation.

Dr. Hall: I was exercising general supervision. Witness stated his duties, included administration of the hospital on the medical side and frequently he left the theatre during minor operations. On this occasion he believed he left the room, but was not quite certain. Dr. Thomas was quite capable as a surgeon.

Judgment was given for plaintiff, but his Honour reserved decision as to the amount.