An Important Decision

Kai Tiaki : the journal of the nurses of New Zealand, Volume VI, Issue 2, 1 April 1913, Page 43

An Important Decision

During the course of the Inquiry into the management of St. Helens Hospital, Auckland, a point at issue was referred for decision to the Supreme Court. The point was whether the parties to the complaints against the hospital should have unrestricted access to the books m which the patients' names and cases were recorded, and Copies of all the cases m question had been made for the use of counsel and complainants. This did not satisfy them and they wished to search through the books for the purpose m part of comparing treatment of different cases. (In what way a lay person could compare medical treatment is questionable). The Department of Health and Hospitals considered that apart from those people who desired investigation of their cases the matters, such as family history symptoms of disease, progress of confinement, abnormal conditions, etc., were sacred, and should be as private as communication made by any patient to their medical adviser.

The case was argued before Mr. Justice Cooper, who ruled that the communications of patients to the medical officer either

directly or through the nurses should not be discovered without the consent of the patients. To question, as to the Commissioner's right to order that a party to the inquiry be allowed to inspect the books, and take notes and extracts, as to whether the complainants were entitled as of right to inspect the notes and chart and others of similar nature, the judge's answers were all to the effect that the documents were privileged and the patient's consent necessary before inspection could be allowed.

The justice and wisdom of this ruling cannot be questioned and as a precedent m any future dispute of the same kind m any hospital, is of great value. The knowledge that their private affairs are not to be divulged to the persons concerned m their treatment must bring to patients a feeling of security.

[The Royal Commission's St. Helens Hospital inquiry is now closed. We regret that owing to the Commissioners report being before Cabinet at the time of printing, we cannot give the result of the inquiry until next issue. — Ed.]