SWAB LEFT IN BODY.

Star (Christchurch), Issue 17080, 29 June 1923, Page 7

SWAB LEFT IN BODY.

f A CAESAREAN OPERATION. (Per Press Association.) AUCKLAND. June 23. The rehearing of an action for damages brought by Alargaret Alice Huy ton, wife of Richard William Huy ton. shipwright and carpenter, against Dr J. L. Frazer-Hurst, of Kaikohe, on the ground of alleged negligence in tho performance of a surgical operation, known as the Ccesarean section, which piaintiff underwent at Whangarei Hospital iii September, 1920, was taken before Air Justice Stringer and a -Fpeoial jury in tho Supreme Court. The defence was a complete denial of negligence. although it was admitted that a swab had been left in the body. The original hearing took place on .March i;6 and 27. and after the jury had failed to agree upon a verdict a rehearing was ordered. The amount of damages claimed v.as £IOOO. After the main operation plaintiff underwent three- subsequent operations. the swab being recovered when the final incision was made. The conj tention by the defence was that plaintiff had to satisfy tho jury that not : only had there been a surgical acciI dent, but that that- accident was enj lively attributable to negligence or carelessness on tho part of tho defendj ant. The surgeon delegated the ad- | ministering of anaesthetic to someone ■ else, as was also tho case in regard jto sterilising instruments. If a suri geon was to be responsible for the an- | a?sthetist lie must also be responsible , for any failure in regard to the steril- ; isation of instruments. If lie were to fe held responsible for that they would bo entitled to say lie must bo responsible for every function. The surgeon could nob do all those things. His first task was to operate, and be needed, as in tho present case, great concentration and attention. . The jury returned a verdict for defendant, adding as a rider: “The jury ! requests the British Medical Associaj tn>n at its next Dominion conference I to discuss fully the question of devisj ing some improved methods which I would preclude the possibility I foreign substances being left in | patients after surgical operations.”