DAMAGES CLAIMED BY WOMAN FROM HOSPITAL BOARD

Wanganui Chronicle, 1 September 1950, Page 5

DAMAGES CLAIMED BY WOMAN FROM HOSPITAL BOARD

NEW PLYMOUTH, Last Night (P.A.).—Emphatically denying negligence by two surgeons, G. F. Rich and H. C. Barrett, Mr. R. H. Quilliam outlined in the Supreme Court at New Plymouth today the defence of the Taranaki Hospital Board to a claim of £10,577, brought against it by Stella Beatric Hodgkiss. The board admitted that a piece of the brachial plexus nerve was removed in mistake for a resection of the subclavian artery, but counsel submitted that the error occurred despite the exercise of every care and skill by the two leading surgeons of the district. It was pointed out that the operation was admitted by medical witnesses to be rare, formidable and o£ extreme difficulty, coming as it did 14 days after another operation performed on the same site. The real point for consideration, said Mr. Quilliam, was whether or not the two doctors were justified in their mistaken identification of the structure as an artery when, in fact, it i was a nerve. “Of course it was a mistake and you have now heard from plaintiff’s own witnesses how it occurred,” added Mr. Quilliam. The mistake did not connote negligence, however. Mr. Quilliam said that plaintiff’s attack had been concentrated on Rich. With the case notes in their hands, plaintiff’s lawyers knew months ago that Barrett assisted Rich at. the operation. The operation was performed by Rich and Barrett jointly. Barrett would say that he was just as responsible for the mistake as Rich. Plaintiff stated Rich had told het after another operation on October 10 that the arm would recover, although It would never be as good as the other arm. A Wellington surgeon, S. D. Rhind, called by (he plaintiff, described the operation in cross examination as extremely difficult and exceedingly rare. He said it should have been possible to distinguish between a nerve cord and a pulsating artery, though in this case the artery might have been temporarily in a spasm, which would have made it difficult to Identify, ho said. The fact that there had been a previous operation on the same site would cause a reaction which would add to the difficulties, l-w.lt. there were tests which could have been made to determine whether the structure being removed was a nerve or an artery. The case, which is being heard before Mr. Justice Cooke and a special jury, will be continued tomorrow.