Page
ALLEGED NEGLIGENCE AT THE
MATILDA HOSPITAL.
SEQUEL TO AN ACCIDENT TWO.
YEARS AGO. ":
THE HONGKONG DAILY PRESS, TUESDAY, DECEMBER 18TH, 1923.
LOCAL DOCTOR SUED FOR you say my bones are not broken, would you have any objection to my returning DAMAGES.
home formle Christans," The Doctor replied that he would have to take an X-ray photo and he would let him know lator. On the afternoon before the taking of the photograph Dr. Sanders again had a look at the hand and again moved the wrist about. The hand was still swollen and Mr. Anderson would say I that Dr. Sanders, said to the sister don't like this bad swelling, Sister." To Mr. Anderson the defendant said: "We can now move the splint which will give you more chance of moving your Writ about
DE. WOODMAN REBUSED BY THE CHIEF JUSTICE.
At the Supreme Court yesterday. Dr. J. H. Sanders, medical practitioner in charge of the stilin Hospital, was sued for damages by Mr. Thorwald Anderson, formerly a foreman in the cuplos of the Hoogking Wharf and Godown Company and at present employed by the Shang bai Municipal Conncit as Clark of Works The case came before the Chief Justice (Sir William Rees-Davies) and a special jury composing Messrs. Frank Smyth
an), G. P. Curry, G. Bird, A Young, J. Reil, W. O. Goggin and O. I. Elis
(Forsman),
The plaintif alleges that treatment to his injuries at the Abetikls Hospital by Dr. Sanders after an accident was unskil ful and negligent, in that he treated the injuries as clasenia and not as frattures and that he failed to take proper X ray photographs
The photograph was taken, which was the first that was taken, and that photo was admittedly unsuccessful. Xo It was a blank and did not come out. other photograph was taken in place of unsuccessful, which, of that which was course, was the proper thing to do. If you cannot decide whether the plaintiff shall go home for Christmas without taking a photograph, it is certainly no without taking good letting him go another photograph," emphasised Mr. Alabaster.
Continuing. Mr. Alabaster said that on the afternoon of December rd the defendant informed the plaintiff that the photogmph bad turned out a failure but that he had no obection to the plaintiff going home for Christmas, telling him to The defendant in his statement of rome back agnia niter Christmas and to defence denies that he invited the plain-bring back with hind's quarter-plate from tif to samit himself for examination, Mee Chong's for another X-ray photo- further denies that his treatment was graph. The plaintiff returned to hospital unskilful or negligent: and asserts on the on either the 27th or 28th December and contrary that the treatment was coa petent in both skill and care,
Plaintiff is represented by Mr. C. 6. Alabaster, RC instructed by Mr. G. It Haywood), while Mr. S. C. Jenkia fin structed by Méis. Johnson, Stokes and Master) is appearing for the defence.
Mr. Alabaster, before going into the case for the plaintif asked the Jury to approach the case as he land asked him self to approar it. and completely but out any knowledge they may have of either ne or other of the parties. "In a Colony of 80 small size as flongkong it was very diffent to find people who could approach é case of this kind with out seeing or hearing of the parties at one time or another, but they had to blind theroseives to all previous know ledge and learn what they had to learn about the ease in the Court. The defen- lant was a fully qualified medical practi. tioner aus the plaisti alleged that the treatment was unskilip! and, if not und skilful, that they did not get the skill which a medical practitioner should have used, and that defendant was negligent in so much that if he had the skill he
did not use it
1
photograph was taken by Dr. Sandlers.. In that photograph the Doctor did not attempt to take the upper part of the fingers. He only attempted to take the wrist.
難
Mr. Jenkin; He wrote a letter on your behalf-Yes
Paintiff explained that he showed Dr. Woodman, two Xray photographs, after which he wrote the latter.
Mr. Jonkin Did you pay him anything for, it-No,
Didn't you You will hear a good dent about this letter in the course of the case, Counsel then read the letter, which was as follows:-
RAYONG
ה
די
After his injury, however, Dr. terms. Woodman, as any right-minded man would have done, stopped him sad asked him how he was..
The Chief Justice: Acting the Good Samaritan, eh!
THE CHIEF JUSTICE AND DR. WOODMAN
bone
Dr. Woodman was next called. He said that be was the Assistant Medical Officer ut Health for Kowloon. His medi Leal degrees were ALR.C.S., L.R.C.P., and 18.A. He first met Mr. Anderson after the accident outside his house and he stopped him and said that he was glad to see that he was able to
He noticed that the for Christmas plaintiff's hand had a splint and a band- age. The bandage was not over clean: in other words it was dirty. Later in 19 the plaintiff showed him some photo- graphs. One suggested that there had been a fracture of the radius. The other two showed a similar fracture, but they also showed a fracture of the upper end of the metacarpal bone of the inder finger of the right hand.
DE WOODMAN'S LETTER." "Dear Mr. Aszason,I have ox, amined three X-ray photographs of your hand and wrist. Two show frais ture of index finger of right band and all three. fractures of ralius (one of the arra bones which helps to form the wrist joint).
**It is difficult for me to understand how
who made careful examination of the hand and wrist with X-ray on the screen could fail to dias nose both these injuries and, in any case of doubt, to put off taking a photo graph for ten days and a successful photograph (of wrist only) for 14 days seems to me to be so unnecessarily loog as to prejudice the proper treat ment of the injury owing to the delay in thiagnosis. The fracture of the finger Foodman: The injury to the does not appear at all in the photo inetacarpal bone, for sertain. The injury graph dated 27/12/22 and would. I think, have been photographed if sub-to the hand bone would have been ap- jerted.
(S) WILLIAM J. WOODMAN,
MR.C.S., etc,"
1.1. Mr. Jenkin.meatiered the late of the letter. April 1st. and asked: Was it written before twelve o'clock, by any chance (Laughter.)
Mr. Alabaster: If that hand had been properly examined through an X-ray screen on the day after the injury occur red would these injuries be visible 1
parent.
If that injury to the metacarpal bone of the index finger had been diagnosed on the day after the injury, what" treat- ment would have been the proper one to apply -Splint it.
With the idea of pushing it back into its original position-Yes,
Regarding Dr. Woodman's letter, Mr. seriously. It has been suggested by the Alabaster asked: Was that letter written opposing Counsel that it might have been written before 12 o'clock on April 1st and therefore it was not serious -It is quite serious.
And if nothing was done in the way Counsel at this stage produced to the
Mr. Jenkin then referred to a letter of splinting that injury for three weeks, Chief Justice and Jury the photograph in question and he pointed out that it ap written by Me, G."R. Haywood (plain-it would have been wrong nothing peared quite plain in the photograph that tiff's solicitor), which mentioned that had been done, yes. there was a serious break in the wrist plaintiff's arm had been permanently in- bone. On the 30th December, the day jured and suggested arbitration to deter that the negative was returned from Mermine the amount of compensation. Cheung's, and between 12 noon and I in the Doctor, said to Mr. Anderson: I must tell you that your wrist has been badly fractured." This was the first time the Docter had said anything about a feneture during the whole of the time that Mr. Andersen had been under his treatment. The Doctor was alleged to that occasion: But have said further
Paintiff explained that Dr. Smalley told him that had his wrist heen treated as a broken wrist in the first place it would have regained its former useful. ness. Plaintif mentioned that a gentle man, who he took to be the wardmaster at the Government Civil Hospital who took the X-ray photograph used words to the same effect, but when plaintiff asked him if he could become a patient, It is too he said: "It's no uso now. late
Dr. Woodman was then cross-examined by Mr. Jenkin. He said that he had formed his opinion about the band from the three prints of the X-ray photographs." Mr. Jenkin: So Mr. Anderson just dropped into your room and asked you to write something about these photo- graphs-Yes.
And that is all you know about the case 7-Yes.
You State in
AFTER THE TIFFEN ADJOURSMENT.
So that you cannot tell us now that Mr. Jenkia continued to cross-examine
the man's condition is as good as can be expected after the fracture 1-No. the plaintif
Referring to Mr. Haywood's letter,
In fact you may think that it is as good which contained a suggestion that the permanent injuries were due to the de-a result as can be got?-Yes, possibly. fendant's inproper attention, Mr. Jenkin
treatment to this letter that the proper injury had been pre- asked: Here is an allegation against resident doctor of this Colony, I want judiced, by unnecessary treatment; you Do you know anything about the his to know where you got your facts from that?--Yes. Ilave you relied on you imagination at allNo there is no imagination nhouttery of the case-Only what I was told not discovered until after two photo it at all. I have said that it might have about it; in. brief, that the fracture was
graphs had been taken. been said by the wardmaster or Dr. Smalley.
Wig
Do you say that Dr, Smalley Alvised some you in these terms? There conversation to this effect, but I cannot remember.
Did the wardmaster pass any opinion upon the photographs-He said if my wrist had been set in a proper manner I would not have had the trouble I have had.
you will get quite a good arm again. though it may show a little deformity, The plaintiff was also toki to wait until 230 m, when his arm would be further:
Plaintiff waited until he attended to. tween 230 p.m. and 4 p.r. when he saw the defendant dressed up as if he was going out. He bad apparently forgotten Just over two years ago, continued all about the plaintif Defendant saw Counsel, on December 13th, the plaintiff Plaintiff on a verundah and asked him to room where he undid some was doing some work in the Wharf and cone into
The only thing that Godown. Company premises in Kowloon of the bandages. and in the course of that work he trod Dr. Sanders did on that occasion was to on a defective plank which broke under tighten up the bandages and to ask Mr. his weight, causing his to fall 12 feet Anderson if he would not prefer to go to the ground. He fell on his feet in a into the Government Civil Hospital for That day plaintiff left the forward position and put out his right treatment: hand in an attempt to break his fall, hospital and went back to Kowloon. On He unquestionably injured his right hand his way home he mot Dr. Smalley in a ricksha. He stopped and asked the Doc and his head also. He was rendered an Conscious and found himself in a pool of tor if he would re-examine his hand Dr. blood, suffering terrible pain in his right Smalley did so and re-bandaged the arm. He was assisted to the Govern hand in quite a different way. making it
Dr. Smalley also Did he say in the course of that con- ment Dispensary in Nathan Rond, Kow more confortable. loou, where Dr. Smalley rendered first made arrangements for another photo-versation that if your bones had been pro graph to be taken at the Government perly set there would have been no per aid. The arm was attended to and
manent injuries-No, he did not bat splint put on. Apparently there was a Civil Hospital, where the plaintiff weat. shortage of the necessary equipment in This photograph showed (produced in the wardmaster said that it was too late. the dispensary and the best available Court) the band and the wrist and show The ed in the clearest possible manner not aplint was used for the purpose: plaintiff was told to return on the follow only the injuries to the wrist but also the ing morning so that a proper examica tremendous injury to the index finger. tion could be arranged. On his return conversation took place as to whether the plaintiff would prefer to go to the Matilda Hospital" or the Government Civil Hospital, Mr. Anderson preferred the Matilda Hospital and Dr. Smalley telephoned to Dr. Sanders at the Matilda Hospital who consented to take the case. Mr. Anderson was sent up to the Peak with a thit for Dr. Sanders. He arrived at the hospital at about 11 o'clock in very nervous condition and it great pain When he arrived the defendant was at tending to a patien: in the men's ward. Plaintiff was told to go over to a bed. One of the boys assisted him to undress and sister took his name and address and his temperature. The defendant at tended to the plaintif about 11.15 a.m.
The plaintiff, in the witness-box, said The plaintiff's arm was examined and the defendant told him to go into the operat that he was at present employed by the ing room where his arm and his head Shanghai Municipal Council Two years From there he was ago he was employed by the Kowloon were attended to. taken into the X-ray room" and this is Wharf and Godown Company and was where we come to the important point, at the time of the accident working under said Counsel. The plaintiff was examined general instructions from Messrs. Leigh under the X-ray hat no photograph was and Orange. When the Doctor discover taken and it would appear that no ed by the photograph that the wrist was examination of the fingers was, made fractured witness was also aware of this because it was admitted in a letter as and asked the Doctor sarcastically if the recently as last Saturday that the injury hand would have to be amputated, to to the hand was not diagnosed. Having which Dr. Sanders replied "Why should nade the examination the Doctor said to amputate your band? Your own band the plaintif: Oh, this is all right, we is better than a wooden one, surely! shall soon bave you right again, old man: Witness later said that he could use his
In May of this year Mr. Anderson had a photograph taken which showed that the injuries were still apparent. It was quite clear that the defendant failed to diagnose the broken finger altogether, and that until the Nee Cheepg photo graph was oftained on December 30th he failed to diagnose the wrist injuries, which he ought to have done.
Well, then, why is it that you wait until March 19 before going to his Haywood about bringing this action-I had still faith that perhaps Dr. Smalley could put it right. That was the only reason for the delay.
would have been properly restored?--He conveyed that to me by his conversation.
And is that all you asked him before gou committed yourself to that letter- I think so.
And do you mean to say that you .con- sider it to be the correct thing to bring brother Doctor into disrepute when you know nothing about the case-It is perfectly correct for me to give my opinion on anything that is put before
me.
Before any doctor can give any opinion on a case he must surely know something about that case -Not in all casES.
Tell me any cases, that you do not know anything about that you do not trouble to find anything out 1-Yes, frac
tures.
Later Mr. Jenkin asked: Do you oftec do this sort of thing --No.
Is it the first action. of this kind that
Did you get any pay for it No. Was he a friend of yours
Why didn't you consult Dr. Smalley qu Now I put it to you that Dr. Smalleyou have ever done I don't know. We never told you that had your wrist and this was extremely unwell at the say," concluded Mr. Alabaster, with band been properly diagnosed your band time, regard to the injuries that he should have given that proper treatment which wo say in effect was not given at all Mr. Anderson had no treatment either to his wrist or fingers until he got back under Dr. Smaller. That is our case want of skill and want of care.**
}
PLAINTIFF'S EVIDENCE..
In reply to further questions, witness said that Dr. Smalley would not give him a note to this effect, but gave prints of the X-ray photographs.
Mr. Jenkin: When you came into the hospital there were suspicions that you were suffering from a fracture at the base of the skull 1-I don't know that. I know that Dr. Smalley had told Dr. Sanders that I had to be carefully watched, but that was on my suggestion as I had fold Dr. Smalley that I had been spitting clots of blood.
"And you were highly nervous and you had a pulse of 161 when you were admit led to the Matilda Hospital-I don't know about the pulse; I know I was in
very nervy state at the time.
Do you remember bim advising you not to go home for ChristmasHe did nothing of the, sort. Dr. Sanders said: "If you go home you will be driting whiskies and sodas and champagnes. I you provide the champagne."
No..
Never been in your room before nor you in his --No.
The Chief Justice: I expect Mr. Ander son did not know what we may call the medical state of his injuries and be prob ably thought he was not being properly treated, but as a medical man like your- self didn't it occur to you that you were not doing right in giving him a letter of this kind, which would be in the nature of an implement?
The
Dr. Woodman No, it did not."
Chief Justice: Then you should a professional man have thought so as before you wrote a letter of this kind. You should have gone to Dr. Sanders. 31r. Anderson was not asking you to write the letter for a joke?
The witness replied that he was ex tremely unwell at the time.
3...
The Chief Justice: Whether you were correct or not, I don't fok it was the proper course for you to_ike..
there are no bones broken," The plain hand for ordinary work but he found it replied: "Oh no, Dr. Sanders, examine, pointed out to Dr. Woodman
Mr. Jenkin, continuing to cross- that the plaintiff's pulse was 104 when he was admitted to the Matilda Hospital. What is the normal pulse?" asked Mr. Jenkin
Dr. Woodman replica 74.
tiff was then returned to the ward. Next awkward at tifaes. He could write with
The Chief Justice (jocularly): Which morning the plaintiff told defendant that it but suffered inconvenience, when dress-: he land still a great deal of pain in bising himself. If he carried a small parcel.Dr. Sanders consented to do. (.
Witness weat on to say that he ap- hal, and in particular in the left part for any length of time-10 minutes or LO of the right hand (the thumb and index-part of bis hand became aumbed. If proached Dr. Strahan to examine him finger). The defendant did not make an it was not for the fact that he was more and to state whether he had been pro
If you got a man with a pulse of 164 examination, but glanced at the plaintiff's or less left-handed he would be severely perly treated but that gentleman refused, le which was braised and he went on handicapped.
him in the matter as he would not line giving treatment wouldn't you No. without comment. The plaintiff wax kept reply to the Chief Justice, witness stating that he would not like to advise you would hesitate a great deal before If you had known these facts then your in bed for three days and then he was said that his daty na Clerk of Works to have to give medical evidence against
a medical practitioner in the Colony opinion would have heen very much allowed up for a few hours. His hand necessitated his climbing scaffolds, was not so painful but it was swollen to process in which two hands had to be To do so, Dr., Strahan told him, would qualified-From the fact that I saw him be to show a lack of professional nti-home for the Christmas I thought he double its ordinary size. On December used.
quette.
would have been diagnosed Before he 16th the bandages on his head had work-
Mr. Jenkin, cross-examining: When did
In reply to a further question, the came ont ed loose and required a certain amount you first decide to bring this action
Mr. Alabaster then produced a report of re-adjustment and when the plaintiff against Dr. Suuders1-At the beginning witness said that even if Dr. Bandera
had given him every possible attention of an examination of the plaintiff by Dr. was having his morning bath he, himself, of March felt his wrist bones cracking. He drew Mr. Jenkin asked plaintiff if he was and failed to get his hand right he (wit Balean in which it was stated that in ness) should not have complained. I that medical practitioner's opinion the the attention of the sister to this nod living with Dr. Woodman." toki the defendant himself about it. De Plaintiff replied "that he was hot living, bold that be never did," added the wit plaintiff was suffering from 30 to 40 per fendant when he was told this took the with Dr. Woodman. They both lived in ness," he never tried to set the bones cent, disability to his arm.
This closed the case for the plaintiff wrist and moved it up and down, causing the same house, No. 7, Orient Building, in my wrist and fazer.NDAY
Referring to the plaintiff's onvera and Mr. Jeakin submitted that there was intense pain, so much so that plaintiffint Dr. Woodman was on the upper floor. tried to force the Doctor away with his Mr. Jenkin: Your first letter of demand tions with Dr. Woodman and to prove no case to go to a jury. The only ex- Teft hand and the defendant said: What is dated March 21st. Were you still liv-that they were not an intimate terms, pert evidence called had been that of is the matter? You must suffer pain to ing with Dr. Woodman-In the same the witness and that up to the time of Dr. Woodman and he had suggested that the accident he and Dr. Woodman, al- an attempt might have been made to get well, you know... You can soon house. AIKAA move your wrist and then you will be all Replying to further cross-examination, though they lived in the same building, reduce the impacted fracture and if that right. Nothing re happened until pinintiff and Dr. Woodman, in a casual were not our speaking terms. Witness had been done it may or may not have
bad complained to Dr. Woodman hout beer-succcesful December 21st, continued Mr. Alabaster, way, asked him how he was getting on which was a week after he had been ad- Witness told him that he was going haelt mitted to hospital On the 21st Mr. to hospital, and mentioned the photo Anderson said to Dr. Banders: Sir, a graphs, telling him that the one taken my forehead is now nearly healed and as had been a failure.
a lot of tint at the back of the hullding His Lordship ruled that the case would which were creating a bad smell, and have to go to the Jury and the Court there was some little trouble which re-rose for the day. The hearing will he sulted in them not being on speaking continued this morning.
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