CAUSE OF ACTION.

Star (Christchurch), Volume LXVI, Issue 20391, 23 August 1934, Page 10

CAUSE OF ACTION.

Unregistered Medical Practitioner. MAGISTRATE’S OPINION. Per Press Association. WELLINGTON, August 23. “ Where an action is brought against an unregistered person practicing in the medical field, the court should probably take into consideration the fact that plaintiff voluntarily submitted himself to the manipulation of an unskilled person. The mere fact that a cure was not effected or that plaintiff sustained no benefit whatever from the treatment would not of itself give rise to a cause of action. There is no implied contract that a practitioner will effect either one .or the other. If, however, the treatment is shown to be such as in its nature can effect no possible benefit for the type of complaint professed to be treated, I think a cause of action arises.” These words were among those spoken by Mr E. Page, S.M., in giving •judgment for George Millward, who claimed damages from John Murdock Miller, health specialist, for . alleged negligence and unskilful treatment. The amount awarded was £23, the amount of the fee paid, plus £5 for damages.

Mr Page said that, though the application of acetic acid and hot fomentations as carried out by the defendant could and did have beneficial results in certain types of complaint, he thought the weight of evidence was such that it could have no possible beneficial effect as a cure or alleviation of constipation.