GRAFTING OPERATION

Wanganui Chronicle, Volume LXXXIII, Issue 19990, 5 November 1927, Page 7

GRAFTING OPERATION

QUESTION OF CONSENT DAMAGES AGAINST DOCTORS. [Par Preu Association.} TIMARU, Nov. 4. At the Supreme Court, Bernard Conlon, storeman, as guardian of Bernard Phillip Conlon, aged 12 years, claimed £6OO from the South Canterbury Hospital Board and Drs. W. H. Unwin and T. L. Parr for alleged wrongful performance of an operation when the lad was a patient in the Timaru Public Hospital.

Plaintiff the claim against the Hospital Board. Mr C. A. Treadwell (Wellington) appeared for the doctors named, and Messrs F. D. Sargent (Christchurch) and S. J. O’Connell (Timaru) for plaintiff. The case for the plaintiff wits that a shaving of skin had been taken from the boy’s left thigh to graft on another patient, without consent having ben obtained.

The defence was that the lad whqji approached by Dr. Parr (who was the medical superintendent of the Timaru Public Hospital) agreed to the operation in the presence of witnesses. The operation was performed by Dr. Unwin, who, before the operation, was given, to understand that consent had been obtained.

The full jury which considered the case was unable to agree whether plaintiff had given consent or not, but expressed the opinion that the lad was not old enough to give consent for an operation, and they awarded £lOO damages against defendants. Mr Treadwell asked for and was given leave to move within fourteen days for judgment for defendants, or either of them, or for a new trial on the grounds that the verdict was against the weight of evidence, and that the damages were excessive. The Hospital Board was allowed £26 costs.