CLAIM AGAINST DOCTOR

Wanganui Chronicle, Volume 79, Issue 242, 13 October 1936, Page 8

CLAIM AGAINST DOCTOR

ALLEGED NEGLIGENCE APPEAL COURT CASE [ Per Press Association. J WELLINGTON, Oct. 10. The Appeal Court continued the hearing of the claim of Isabel Da>sy Ingram, of Dunedin, against Henry Walden Fitzgerald, medical practitioner, for injuries suffered by her, through the alleged negligent painting of part ot her body with iodine containing carbolic acid in solution. This case had been removed into tne Court of Appeal for argument by order of Mr Justice Kennedy. Mr Calvert, for defendant, submitted that there was no rule of law nor any decided case supporting the view that the relationship existing between a surgeon and a nurse in an operating theatre imposes vicarious liability on the surgeon for the acts of the nurse. The true principle, in his contention, was that apart from his own acts the surgeon was only liable for the acts of the nurse in respect of which he ought to have exercised control. The Court reserved judgment.