The Archive · 1922

DEFENDANT'S STORY

Defendant was then called and give the history of his wife's 1ilness. Dr. Martin was called late at night in an emergency.. He told Mrs. Pate that she had a floating kidney. Pretending to push it up he observed: "There, is it easier now?" "Of said witness, "Ty wife said "Yes. It was a case of auto-suggestion." Dr. Martin went to his office and came back and administered morphine, It was arranged that" Mrs. Pate should go tv Dr. Fearn's hospital, but witness cancelled the room, having the services of a trained nurse who would supervise preliminary treatment in the- hotel. When Dr. Martin heard of this he said "Good. Could not be better." Plaintiff suggested an operation, but Mrs. Pate would not consent without a consultation.

Continuing his evidence in the afternoon, defendant spoke of an interview at which, he insisted that his wife must go*to hospital, immediately, and there must be a consultation. Plaintiff had said that he would fix up a room at Dr. Fearn's hospital. "I am going to tall to you as a friend as well as doctor. I have been in practice for 25 years. During the last 11 years I have been engaged solely in surgical work, and I have performed 11,000 operations." He went on to say that he could not consult with German doctors because they were "unethical." "Call whom you like," witness rejoined: "Twill consult the devil himself if he can do my wife any good." Dr, Martin went on to say that it was no use going to the General Hospital, because the operating theatre there was a joke and would not be allowed to exist in America. He added that the nurses were not trained, that the towels in the operating theatre were not properly sterilize ed, and that the nurses took they from the drums with their hands instead of using forceps; but at Dr. Fearn's hospital he had the towels individual bags.

His Lordship—How is this evidence of Dr. Martin's incomtpetence!

Mr. Kentwell—It is offered as evidence of negligence.

His Lordship—How does it prove negligence Mr. Kentwell—It shows that he had some special arrangement with Dr. Fearn's hospital for operations

Text read from the printed page and cleaned; old type leaves the occasional error.

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