Crown Court - Doctor's Neglect? (1972)

Name: Crown Court - Doctor's Neglect? (1972)
Uploaded: 2026-01-05T18:37:52+00:00
Duration: 1 h 9 min 25 s
Channel: Jezza

Jezza

23 hours ago

Crown Court: the gripping courtroom drama from the 1970s and 1980s.
The widow of a man who died on the operating table is suing the hospital where her husband was treated for negligence.
This was the original pilot for Crown Court. There are few differences to the regular series. No jury and a few scenes outside of the courtroom. There was also a different theme, but IMO it was so awful, it was replaced with the more well-known version.
Charles Keating stars, and watch out for an appearance from Jeremy Bulloch who go on to appearances in both Doctor Who and The Empire Strikes Back.

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00:00:00Arthur John Simpson was involved in a car accident, suffering various abrasions but

00:00:24conscious and able to walk, he was taken by ambulance from the scene of the crash to the

00:00:28accident department of Rudkin General Hospital. There he was examined by a member of the accident

00:00:33department staff, a Dr. Warner. X-rays were taken of the left elbow, knee, and of a two-inch flesh wound

00:00:40to a left side of the skull. Mr. Simpson was taken by a nurse Dowling to a nearby restroom and told to

00:00:46lie down. Half an hour later, Mr. Simpson was found in a state of collapse on the street which runs in

00:00:52front of the main entrance to the hospital. He was rushed into an operating theatre where an operation

00:00:57was performed on a hairline fracture of the skull. The operation was not a success and at

00:01:0212.23 on the afternoon of April 17th, Arthur John Simpson died.

00:01:07The Lord may please the court. I represent the painter in this action who is Mrs. Simpson, widow of the deceased.

00:01:14The Lord may please the court. The Lord may please the court. I represent the painter in this action who is Mrs. Simpson, widow of the deceased. This is a claim for damages against the hospital management committee of Rudkin General Hospital, represented in court by my

00:01:19learned friend Mr. Elliot. The plaintiff alleges that the death of the death of the deceased,

00:01:25the Lord may please the court. The Lord may please the court. I represent the plaintiff in this action who is Mrs. Simpson, widow of the deceased. This is a claim for damages against the hospital management committee of Rudkin General Hospital, represented in court by my learned friend Mr. Elliot. The plaintiff alleges that the death of the death of the deceased is illegal. The husband who is under the death of the death of the enfermensch.

00:01:26The Lord may please the court. I represent the plaintiff in this action, who is Mrs. Simpson, widow of the deceased.

00:01:36This is a claim for damages against the Hospital Management Committee of Rudkin General Hospital, represented in court by my learned friend, Mr. Elliot.

00:01:45The plaintiff alleges that the death of her husband was brought about by negligence on the part of the hospital, and that he was allowed to leave its precincts before an examination was completed.

00:01:57We will, of course, be bringing evidence before Your Lordship which will seek to prove our allegation.

00:02:01But first, I would ask Your Lordship to look at a ground plan of the hospital.

00:02:15The copies have been made for Your Lordship's convenience.

00:02:22Do you have a copy?

00:02:23Yes, thanks.

00:02:24Very well, Mr. Fry.

00:02:26I'm obliged, my lord.

00:02:28May I assume Your Lordship has read the pleadings?

00:02:30You may.

00:02:31Then Your Lordship is aware that the amount of damages claimed by the plaintiff has been agreed in quantum by the defendants, although they deny liability.

00:02:39I understand that to be the case.

00:02:41That is so, my lord.

00:02:43My lord.

00:02:45Mr. Simpson's husband was only 42 years old at the time of his death.

00:02:50He was a successful chartered accountant and was earning £9,000 a year.

00:02:56There is no reason to assume that these earnings would not have been maintained for a further 18 years at least until retirement.

00:03:02They may well have increased, but that is conjecture.

00:03:06So it is.

00:03:07I'll watch out as well to restrain my natural sympathy for the plaintiff.

00:03:10Mr. Simpson ran a mortgage of £1,000 a year and paid yearly school bills for his two children of £650.

00:03:21He generously allowed Mrs. Simpson a weekly housekeeping amount of £30 per week.

00:03:27My lord, performing the mathematics typical in a case of this sort, damages have been set and agreed in quantum by the defendants at £60,000.

00:03:35You're on Simpson's household account.

00:03:39My lord, we have here a clear case of negligence on the part of Rudkin Hospital.

00:03:45Your lordship will, during the course of the action, hear evidence from an expert on hospital procedure.

00:03:49We will emphasise, and rightly, that there are no list of rules laid down for hospitals to follow.

00:03:54There are no regulations to which one can turn in moments of doubt when hospital conduct is questioned.

00:04:00But there is an accepted procedure which applies to the accident departments of all hospitals.

00:04:07And the question which will be put before your lordship will be,

00:04:10did the plaintiff's late husband receive all reasonable care and attention from the hospital authorities to whom he went following the reception of his injuries?

00:04:20The plaintiff's case is that he did not.

00:04:22The defendants plead that he did.

00:04:27My answer to that, my lord, is simply this.

00:04:31Mr. Simpson was found in a state of collapse on the street outside the hospital after being examined by the hospital authorities,

00:04:38but before the results of that examination were fully known.

00:04:42The hospital, in effect, allowed, or at least failed to prevent Mr. Simpson from leaving the accident department

00:04:47until a full diagnosis of his injuries had been completed.

00:04:51There's a big difference between being accused of allowing to leave and failing to prevent, I think.

00:04:57Don't bother, Mr. Frost. Our turn will come.

00:04:59I have every faith in you, Mr. Dealey.

00:05:02Lord, for my first witness, I would like to call Mrs. Simpson, the plaintiff.

00:05:08I'm sorry.

00:05:09Thank you, Mr. Simpson.

00:05:20Silent in court.

00:05:23Take the Bible in your right hand, please.

00:05:25And repeat the oath after the associate.

00:05:27I swear by Almighty God.

00:05:29I swear by Almighty God.

00:05:30That the evidence I shall give this court.

00:05:32That the evidence I shall give this court.

00:05:33Shall be the truth.

00:05:34It will be the truth.

00:05:35The whole truth?

00:05:36The whole truth.

00:05:36And nothing but the truth?

00:05:37And nothing but the truth.

00:05:42Your name is Anna Madison.

00:05:44Yes.

00:05:45Mr Fry, excuse me.

00:05:47Mrs Simpson, do sit down if you wish.

00:05:50Thank you, my lord.

00:05:52Most obliged.

00:05:55You live at 71 Hilton Road, Fulchester.

00:05:58You are 40 years of age and have two children, a boy aged 14 and a girl of 12.

00:06:03That is correct.

00:06:05What was the date of your marriage, Mrs Simpson?

00:06:07March the 20th, 1954.

00:06:10Would you describe your marriage as a happy one?

00:06:13Yes, very.

00:06:15My husband was a wonderful person.

00:06:17Our life together was one of uninterrupted contentment.

00:06:21If that does not sound too sentimental.

00:06:23Well, how refreshing to hear such sentiments in these days.

00:06:27Indeed, my lord, it is.

00:06:30Mrs Simpson, did he allow you sufficient housekeeping money?

00:06:35If he had any faults, he was over-generous to his family.

00:06:38A reputation vainly sought after by many family men.

00:06:41Apart from the housekeeping, he allowed me more than enough to cover clothing expenses for myself and for my children.

00:06:47So you would describe him as a good provider?

00:06:50Yes.

00:06:52Mr Simpson.

00:06:54I don't want you to dwell at length.

00:06:55I want the most painful details.

00:06:57Yes, and it doesn't do their case any harm to hear this, does it?

00:07:00Tell the courts how you first became to be acquainted with the news of the tragedy.

00:07:05Well, I returned home from shopping to find a message from my cleaning lady saying that somebody had telephoned to say that Arthur had been in a car accident.

00:07:14That it wasn't serious, but that he had gone to an outpatients' hospital for a check-up.

00:07:19Rudkin General Hospital.

00:07:20Yes.

00:07:21Anyway, I rang them back.

00:07:23Who made the telephone call, Mrs Simpson?

00:07:26The ambulance man who took my husband to the hospital, my lord.

00:07:29I telephoned, but you see, this was an hour and a half after they'd contacted my house.

00:07:35When I phoned, they asked me to come to the hospital at once.

00:07:38Was he still alive?

00:07:40The person simply said he was undergoing an emergency operation.

00:07:44What did you do then?

00:07:45I drove at once to the hospital, of course.

00:07:48And when you got to Rudkin Hospital?

00:07:50Arthur was dead.

00:07:52I see.

00:07:52Sir, from receiving initially a message to say your husband had been in a minor car accident and was hardly injured, you would inform two hours later that he was dead.

00:08:01My lord, I believe the phrase used by the witness was that his condition wasn't serious, not hardly injured.

00:08:08That was the phrase I also had noted, Mr Elliot.

00:08:12I stand probably corrected, my lord.

00:08:14Wasn't serious was the exact phrase used.

00:08:16I am grateful for the acuteness of my learned friend's hearing.

00:08:22Mr Simpson, I know this must be exceedingly painful for you, but would you tell the court what you were told after arriving at Rudkin Hospital?

00:08:33Well, apparently Arthur's car had been in a collision with another.

00:08:37He was shaken up, but was able to walk and seemed quite normal.

00:08:42An ambulance happened to be passing at the time and took Arthur to the accident apartment of the Rudkin Hospital.

00:08:48Rudkin was the nearest hospital.

00:08:50The ambulance man then asked him his next of kin and Arthur gave our home number.

00:08:56Unfortunately, as I said, I was out.

00:08:58I did not return for an hour and a half.

00:09:00During this time, Arthur was examined by a doctor in the accident apartment, but he left before the doctor had finished.

00:09:08Apparently he was waiting for some x-ray photographs of Arthur's injuries.

00:09:11Who related this information to you, Mrs Simpson?

00:09:14The doctor who examined him, my lord, Dr Warner.

00:09:18He then, that is, my husband, collapsed in the street outside.

00:09:24There was an emergency operation, but Arthur died.

00:09:30When did you last see your husband alive, Mrs Simpson?

00:09:34I said goodbye to him at eight o'clock that morning.

00:09:37I never saw him alive again.

00:09:38Thank you, Mrs Simpson.

00:09:52The ambulance took Mr Simpson very promptly to the hospital, did it not, Mrs Simpson?

00:09:57Yes.

00:09:58He was seen at once by a doctor?

00:09:59Yes.

00:10:01You must have appreciated all this promptness.

00:10:03Yes, I did.

00:10:04Mr Simpson, I wonder if I could just clear up two points.

00:10:10Now, as you know, the representative of the Rudkin Hospital Management Committee, Mr Frost, has agreed the sum of the damages you're claiming.

00:10:19The phrase is, in quantum.

00:10:21That's merely an erudite way of saying that they do not question the amount, even if they do question their liability.

00:10:28Therefore, my request for information in no way reflects upon the sums already carried out by my learned friend with his customary agility.

00:10:37Now, I'd simply like to ask, if ten pounds of the weekly thirty pounds paid to you for housekeeping by Mr Simpson?

00:10:44It was, in fact, payment for secretarial services you performed on your husband's behalf,

00:10:49concerning a small sideline business run by him, namely a market garden project.

00:10:53That is quite right.

00:10:57The error is mine, in Lordship.

00:10:58I forgot to make this clear, perhaps because I thought it had no relevance.

00:11:02Indeed, my learned colleague is quite right.

00:11:03It has no special relevance.

00:11:05Except that the salary paid by the deceased was tax-deductible.

00:11:08Not entirely a gesture of an extremely generous husband, but I'd like to move on to more pertinent matters.

00:11:14Mrs Simpson, it's beyond dispute your husband was an excellent head of family.

00:11:19Yes.

00:11:20The facts speak for themselves.

00:11:21How do you question what the widow says without seeming callous?

00:11:25Your husband had a supremely successful career up until his death.

00:11:28Luckily, we don't have a jury.

00:11:29Yes, Arthur was very ambitious and always full of energy.

00:11:33He led a busy daily routine?

00:11:35Yes.

00:11:37But the one thing about busy, energetic and ambitious men, Mrs Simpson,

00:11:42is that very often they're impatient men as well.

00:11:48Yes.

00:11:49Was Mr Simpson an impatient person?

00:11:55I would not have said so.

00:11:57But then you must understand, I hardly ever saw him at the office.

00:12:01That's a very fair answer.

00:12:04But he didn't like to be kept hanging about.

00:12:06I suppose not.

00:12:08For instance, if he were late for an appointment, an important appointment,

00:12:11if he were kept hanging about by a doctor examining him for injuries your husband considered to be trivial,

00:12:17would he not be likely to walk out and try to return to his busy schedule?

00:12:21That is a very difficult question to answer, my lord.

00:12:27It is indeed, Mrs Simpson, a very difficult question.

00:12:32Thank you, Mrs Simpson.

00:12:36Unless your lordship has any further questions?

00:12:38No, thank you, Mrs Simpson.

00:12:41That will be all.

00:12:49What went wrong there?

00:12:50We forgot the old boy was such a gentleman with the ladies.

00:12:53Good boy.

00:12:53Dr Sissons, would you state your qualifications, please?

00:13:16I am a doctor of medicine, fellow of the Royal College of Surgeons,

00:13:20honorary fellow of New York University, where I taught surgery.

00:13:24I have also written two books on hospital organisation.

00:13:26You are, Dr Sissons, what we in the courts refer to as an expert.

00:13:31Yes.

00:13:33Would you address your mind to the standard procedure for treating someone admitted into accident

00:13:37who is suffering from an injury to the head?

00:13:40Would you tell the court briefly what this procedure consists of?

00:13:43There are no set regulations, no written procedure.

00:13:46That all qualified doctors know what constitutes a thorough examination of a person suffering

00:13:50from a head wound, it is an integral part of their training.

00:13:53But it is not written down?

00:13:56Well, not in a short list of do's and don'ts, my lord.

00:13:59However, practical experience has made one aspect of the care of such patients absolutely vital.

00:14:04What is that, doctor?

00:14:05A patient with a head wound who is under examination should be supervised for at least 48 hours.

00:14:11Why is that, Dr Sissons?

00:14:12An injury to the head can have any number of side effects.

00:14:16Due to its proximity to the brain, a blow, no matter how slight, could in some way affect a person's mental procedure.

00:14:23Left alone, he might take it upon himself to walk out before being allowed to do so.

00:14:28He might suffer delayed shock, he could faint, become irrational, confused.

00:14:33In short, a blow to the head could lead to serious complications and thus continual observance would be vital.

00:14:38Yes.

00:14:39And so therefore I...

00:14:40I'm sorry, doctor, I interrupted you.

00:14:42I was merely going to say that I'd be extremely critical of any hospital accident department who left a patient in the middle of a diagnosis on his own completely for any length of time.

00:14:52And so, if we look at a ground plan of a hospital, would you agree that the deceased had to walk a considerable distance from the accident department into the street?

00:15:06Quite a distance, yes.

00:15:08Unopposed all the way.

00:15:09Dr. Sissons, you say you would be extremely critical of an accident department who left a patient in mid-diagnosis on his own for any period of time.

00:15:25That's correct.

00:15:26You refer, I take it, to any patient with a head injury?

00:15:29Yes.

00:15:29We must be precise, doctor.

00:15:31We were discussing head injuries, I thought.

00:15:34So did I, doctor.

00:15:36Do you wish to digress, Mr. Elliot?

00:15:38No, my lord.

00:15:38Doctor, you are aware of the sometimes hectic conditions which prevail in hospital accident departments?

00:15:46I am.

00:15:48Conditions which often make standard procedure impossible to adhere to.

00:15:51I'm aware of sometimes chaotic conditions in hospital accident departments.

00:15:56However, unless standard procedure, in this case to head injuries, is strictly adhered to, the hospital is not doing the job it was meant to do.

00:16:05Diagnose an illness and effect a cure.

00:16:07Doctor, if I were to come to you with a headache, would I have someone constantly in attendance while I waited for an aspirin to take hold?

00:16:19If that headache had been caused by falling masonry, yes.

00:16:23My dear doctor, if you were to treat me on such an occasion with an aspirin, I would sue you for the shirt off your back.

00:16:32I must put it to you, doctor, that there can hardly be a hospital in the land which can swear always to have abided by standard procedure in the examination of head injuries.

00:16:45I can't answer that question.

00:16:46I don't see how you could, doctor.

00:16:48With respect, your lordship, I didn't ask a question.

00:16:52No more questions.

00:16:53Thank you, doctor.

00:17:04You propose to call another witness, Mr. Fry?

00:17:08If your lordship pleases, I would like to call Mr. Masterson, the surgeon who operated on the deceased.

00:17:13Very well.

00:17:14Well, I was merely keeping an eye on the time.

00:17:23James.

00:17:26I see what's wrong with it.

00:17:30Take the rival in your right hand, please, and repeat the oath after they're so saved.

00:17:34I swear by almighty God.

00:17:36I swear by almighty God.

00:17:37Stop, please.

00:17:38This is a solemn and sacred oath.

00:17:43It deserves and will receive complete silence while it is being taken.

00:18:01As a doctor, I should warn you that smoking may be hazardous to health.

00:18:07What's up?

00:18:08Well, what do you think?

00:18:09Hearing that expert go on about standard procedure.

00:18:11I was the one that left Simpson on his own.

00:18:13Oh, come on, Nick.

00:18:14We've been through all this.

00:18:15Are you now saying you didn't do all you could for him?

00:18:17Of course we did.

00:18:18But experts make you feel pretty stupid, especially in court.

00:18:20I thought we made him look pretty stupid, didn't you?

00:18:22Well, I don't know.

00:18:23You're familiar with these places.

00:18:25You pick up all the nuances.

00:18:26It's Greek to me and scary, I can tell you.

00:18:28That's exactly how I feel every time I walk into a hospital.

00:18:31Look, we all do a job of work.

00:18:35In my case, it's being a doctor.

00:18:36Well, you think you're doing all right.

00:18:38Well, coping rather well.

00:18:39We're doing very well at times.

00:18:41Then you hear it described in a court of law, and suddenly you seem like a butcher.

00:18:46Well, not to the judge, I can assure you.

00:18:50Listen, can you take a word of advice from a very junior counsel?

00:18:54What?

00:18:54You're not guilty, so I've stopped looking as if you were, huh?

00:18:59Come on.

00:19:02Here, Barry.

00:19:04Listen, I'd better sit somewhere else.

00:19:06Why?

00:19:07Well, Helen...

00:19:08Oh, I mean Nurse Dowling.

00:19:09She's not exactly enjoying my proximity.

00:19:11Why not?

00:19:12Well, the fact is that we had a thing going at one time, you know.

00:19:15And it's over now, huh?

00:19:16Yeah, well, she transferred from Rutkin about six months ago.

00:19:18I never bothered to contact her.

00:19:20You see, she was rather keener on the arrangement than I was.

00:19:23Now you tell us.

00:19:24Well, why?

00:19:24What's it got to do with the case?

00:19:25Nick, you're our first witness.

00:19:26She's our second.

00:19:27If she's got it in for you, anything might happen.

00:19:28No, look, Helen may be resentful, but she isn't a liar.

00:19:30She'll tell the truth.

00:19:31Three years in the court has taught me a few things,

00:19:33and one of them is a resentful woman doesn't even know when she's lying.

00:19:36Oh, God.

00:19:40Look, you better tell me now.

00:19:41Can you trust her?

00:19:43I mean, absolutely, to tell the truth.

00:19:45I've got to bloody well trust her, haven't I?

00:19:49Sir, there's nothing you could have done to avert the death of the deceased.

00:19:55I had done everything possible.

00:19:57I see.

00:20:02Only one point, Doctor.

00:20:04You've stated cause of death of the deceased

00:20:08and mentioned the abnormally thin skull which sustained the fracture.

00:20:13Could the fracture have been caused or even aggravated by a second fall,

00:20:17the collapse outside the hospital?

00:20:19My question is really,

00:20:21could it have been possible that Mr. Simpson

00:20:23was perfectly well the time he decided to leave the hospital,

00:20:26but that the jar of the second fall brought on the hemorrhage?

00:20:30Well, yes.

00:20:32Yes, it is possible.

00:20:33I don't see that your question gets us very far on the subject of negligence, Mr. Elliot.

00:20:39No, my lord.

00:20:41No more questions.

00:20:44Any further questions, Mr. Fry?

00:20:46No, my lord.

00:20:47Thank you, Mr. Masterson.

00:20:49James, Warner's nervous.

00:20:51That concludes this case for the plaintiff, my lord.

00:20:54We shall hear the defence after lunch.

00:20:57I don't want to talk, Nick.

00:21:19Apparently they had a good thing, you know.

00:21:21It ended badly.

00:21:22Our witnesses fight among themselves.

00:21:23This isn't our day.

00:21:25Oh, you mustn't lose heart here, James.

00:21:26I'll do this.

00:21:30How are you fixed for lunch, Dad?

00:21:31Oh, I'm fixed for your own, thanks.

00:21:38Well, he can smile.

00:21:39I made a good start.

00:21:41Cook, Dr. Warner's been completely honest with us,

00:21:43and I should hate to think at this late stage

00:21:44those two know something that we don't.

00:21:47I think he's honest, James.

00:21:49Maybe.

00:21:51Nurse Dowling must be careful this afternoon.

00:21:54She'll wreck his career.

00:21:55And so how's the bull have to face?

00:21:58ORCHESTRA PLAYS

00:22:28ORCHESTRA PLAYS

00:22:58ORCHESTRA PLAYS

00:23:00ORCHESTRA PLAYS

00:23:02ORCHESTRA PLAYS

00:23:12I'll see you were well fixed for lunch.

00:23:18Who was she?

00:23:19Have you met Alison?

00:23:20Not yet, but I fully intend to.

00:23:22If she'd like that.

00:23:23So would I.

00:23:24She wants to meet all my friends.

00:23:26Well, you know what fiancés are like.

00:23:28They try to vet your entire social life.

00:23:30No, I don't know what fiancés are like,

00:23:32but, er, I'm sorry, I, er...

00:23:35Well, congratulations, anyway.

00:23:36Oh, she has a sister.

00:23:38You know what's she like?

00:23:40Fantastic.

00:23:41I mean, just do with a change of scenery.

00:23:42Well, you get that, all right.

00:23:43She's mad on Bellevue Funfair.

00:23:44What?

00:23:45Well, she is only six.

00:23:46You're a sadist, Jones.

00:23:55Silent in court.

00:24:18The Simpson v. Rudkin Hospital Management Board, part heard.

00:24:22Lord, the first witness for the defence,

00:24:27I would like to call Dr. Warner.

00:24:35James, I don't think you might want to leave.

00:24:41I'm due for some luck.

00:24:45I think Warner's the one who needs some luck.

00:24:47The truth, the truth, the whole truth, the whole truth,

00:24:49and nothing but the truth.

00:24:50And nothing but the truth.

00:24:52You are Dr. Nicholas Warner.

00:24:55You're 29 years of age.

00:25:00And you're attached to Rudkin General Hospital,

00:25:02where you live in residence.

00:25:04Yes.

00:25:06You were on duty in the accident department

00:25:08on April 17, 1970, when Mr. Simpson died.

00:25:11I was.

00:25:12The plaintiff, Mr. Simpson,

00:25:15argues that this was a result of negligence.

00:25:18Now,

00:25:19how long have you been a qualified doctor?

00:25:21Four years.

00:25:23Would you address his lordship?

00:25:25I shall hear you.

00:25:27How long had you been in the accident department

00:25:31at Rudkin's General Hospital

00:25:33before April 1970?

00:25:35About 18 months.

00:25:37Do you regard 18 months as a long or short period

00:25:39to work in an accident department?

00:25:41Well, it seemed a lifetime.

00:25:43Long or short, Doctor?

00:25:44I suppose longish.

00:25:46I have never come across that word before.

00:25:49Does anyone know what it means?

00:25:51I'll rephrase my question, my lord.

00:25:55Would you call yourself experienced in accident work or not, Dr. Warner?

00:25:59I suppose experienced.

00:26:00Now, Dr. Warner,

00:26:01no one will penalise you in this court

00:26:02for what outside may be taken as immodesty.

00:26:05Are you experienced in accident department work?

00:26:09Yes, sir.

00:26:10Most obliged, my lord.

00:26:12Did you receive a patient on April 17th

00:26:15named Mr. Arthur John Simpson?

00:26:17Yes.

00:26:18And would you tell the court,

00:26:19in your own words,

00:26:20the nature of your contact with Mr. Simpson?

00:26:22He was admitted with abrasions and lacerations to the scalp

00:26:26and injuries to the skull resulting from a car accident.

00:26:29I carried out the usual examination.

00:26:31What did that examination consist of?

00:26:33Well, after examining...

00:26:34I'm sorry to interrupt.

00:26:35Not at all, my lord.

00:26:36Dr. Warner, it is my experience

00:26:38that when medical men give evidence in a court of law,

00:26:41they usually lapse into a medical language

00:26:43intelligible only to themselves or other doctors.

00:26:48If it is possible,

00:26:50without inhibiting your description,

00:26:52could you keep it reasonably within lay bounds?

00:26:56Yes, sir.

00:26:57Well, a head injury is a complicated business.

00:27:00If a limb is broken,

00:27:02an x-ray tells us mostly what we want to know.

00:27:04But with abrasions to the skull,

00:27:06it's of relatively little importance.

00:27:08Are you saying an x-ray is of little importance

00:27:10in the investigation of a head wound?

00:27:14It is less important than many other examinations.

00:27:16This is new to me.

00:27:18Now, doctor, to continue.

00:27:20What examination did you carry out on Mr. Simpson?

00:27:24After he returned from x-ray,

00:27:25I tested his reflexes, eye movements and pupils, limbs, fingers and toes,

00:27:30all his main joints.

00:27:32During this time, I asked him questions like what was his address,

00:27:36how old he was, if he had any children or not.

00:27:39But these were all designed to discover if the blow to the head

00:27:41had caused any mental disorder or imbalance.

00:27:43After you had completed these tests, what did you find?

00:27:47Nothing.

00:27:47Mr. Simpson appeared to be perfectly normal.

00:27:50The wound itself, what did it look like?

00:27:53As far as I could tell, it looked a minor superficial cut.

00:27:56Was there much blood?

00:27:57No.

00:27:58It had congealed before he arrived.

00:28:00And you could discover no sign of shock or possible brain damage?

00:28:04None at all.

00:28:05Did, um, did Mr. Simpson say anything during your examination

00:28:11that is over and above the answers to your questions?

00:28:14Yes, he talked quite a lot.

00:28:16What did he say?

00:28:17Well, he was most anxious to leave.

00:28:19Apparently, he'd been on his way to an important meeting when he had crashed.

00:28:22He made light of his injuries and kept saying he felt perfectly all right

00:28:25and couldn't understand what all the damn fuss was about.

00:28:28Did anyone assist you during your examination of Mr. Simpson?

00:28:32Yes.

00:28:33Nurse Dowling.

00:28:33From the moment Mr. Simpson was admitted into your examination cubicle, Doctor,

00:28:39can you recall how many times he was out of your sight?

00:28:43Twice.

00:28:43And when were those occasions?

00:28:45At the beginning, when he went off to x-ray.

00:28:47Alone?

00:28:48Oh, no, of course not.

00:28:49Nurse Dowling accompanied him.

00:28:50She waited there while the x-rays were taken and then brought them back to me.

00:28:54And the second time?

00:28:56The second time, Doctor?

00:29:00After I'd done all the tests on him.

00:29:02Yes.

00:29:03Well, the x-rays were delayed.

00:29:06I asked Nurse Dowling if she'd take Mr. Simpson to her restroom.

00:29:09Is this the usual procedure?

00:29:11Oh, yes.

00:29:14Now, did you see Mr. Simpson again while he was in your charge?

00:29:18Well, I called him to the restroom once to make sure he was all right.

00:29:21Was he?

00:29:22Yes.

00:29:23He was complaining bitterly at the delay.

00:29:25What did you do then?

00:29:27Well, the x-rays which came through were not satisfactory.

00:29:31I took them back to the x-ray department and ordered another immediate x-ray of Mr. Simpson.

00:29:36So you left your patient in order to arrange a further examination of him?

00:29:40Correct.

00:29:40And when you returned?

00:29:42The restroom was empty.

00:29:44Mr. Simpson had gone.

00:29:46The next thing I knew, he was being carried back into the hospital on a stretcher and whipped through to the operating theatre.

00:29:51Thank you, Doctor.

00:30:00Dr. Warner, I'd like at once to ask you, when you left to go to x-ray with the faulty prints, did you ensure that someone was supervising Mr. Simpson in the restroom?

00:30:09Well, I asked Nurse Downing to keep an eye on him.

00:30:12But that day an accident department had been terrible.

00:30:14The worst I'd ever known.

00:30:16We had a severe staff shortage.

00:30:18And on top of everything, I gather Nurse Downing was taken away in an emergency.

00:30:22Would I be right in thinking, my lord, that this nurse will later be called by my learned friend?

00:30:27We will, my lord.

00:30:28Look, I must add that Nurse Downing...

00:30:28Just to recap, Doctor.

00:30:31You asked Nurse Downing to stay with the late Mr. Simpson, but you did not ensure that your order...

00:30:36I'm sorry, your request was carried out.

00:30:39Look, I've said, on that day, everything was going wrong!

00:30:42That is all, Doctor.

00:30:44And do you have any doubt in your mind, Dr. Warner, that you provided all reasonable care and attention to Mr. Simpson while he was in your charge?

00:30:52No doubt at all.

00:30:53Nurse Downing and I took every possible care of him.

00:30:57Thank you, Doctor, you must have done.

00:31:00Nurse Downing, please.

00:31:06Careful, James.

00:31:12I'd like to know what she and Warner were up to before this happened.

00:31:15I can guess.

00:31:17So can Jonathan.

00:31:18I swear by almighty God, that the evidence I shall give this court...

00:31:22...shall be the truth, the whole truth, and nothing but the truth.

00:31:27Is that the press?

00:31:29You are, Helen Darling, state-registered nurse attached on April 17th, 1970, to Rudkin General Hospital, where you assisted Dr. Warner in the accident department on the day in question.

00:31:40Yes.

00:31:42Nurse Downing, we've heard Dr. Warner say that during this excessively busy time, you assisted him by taking Mr. Simpson first to x-ray, and then later to a restroom to await the results.

00:31:54Yes.

00:31:55Now, during the time Mr. Simpson was resting, and when Dr. Warner went off to arrange for a further set of x-rays for him, would you tell the court of your activities?

00:32:08Well, Dr. Warner said to keep an eye on him. I was in the corridor outside the room he was in, and was going...

00:32:14He being Mr. Simpson?

00:32:16Oh, yes, sir.

00:32:18Sorry, my dear. Do go on.

00:32:21Well, I was about to go to Mr. Simpson when an emergency came in.

00:32:24What kind of emergency was this?

00:32:26It was a child with second-degree burns.

00:32:29How were you involved, nurse?

00:32:30Oh, well, the stretcher that the little boy was on was mounted on a trolley.

00:32:35One of its wheels got caught in another trolley coming the other way.

00:32:38I went to help get it free.

00:32:40How long did that take?

00:32:42Oh, a minute, maybe less.

00:32:45Then what happened?

00:32:46Well, the wheel of the little boy's trolley was bent and wouldn't work.

00:32:50What did you do?

00:32:52I helped lift it to run on three wheels down to the operating theatre.

00:32:57You see, there was only one male nurse with the little boy, so I helped.

00:33:02And when you came back to the room where Mr. Simpson was resting?

00:33:05He'd gone.

00:33:08Thank you, nurse.

00:33:09That sounded good, James.

00:33:14Look at the old boy.

00:33:20You said Dr. Warner told you, asked you, to keep an eye on Mr. Simpson.

00:33:26Yes.

00:33:28Did he say it in a casual way?

00:33:31Well, I don't know what you mean.

00:33:33Oh, the phrase itself.

00:33:35It does have a, well, a casual ring to it, does it not?

00:33:39Keep an eye on him, nurse.

00:33:42Did you understand from this order or request that you ought to stand over the patient constantly

00:33:47or that you should pop your head round the door from time to time?

00:33:50Well, Dr. Warner was in a bad temper that day, so I...

00:33:53Well, I suppose he said it in a kind of angry way.

00:33:57Oh.

00:33:58What has made him angry?

00:33:59Well, at times, Dr. Warner did get, well, rather impatient.

00:34:04And that day, it was awful.

00:34:07You see, earlier on, a light bulb had gone while he was examining another patient,

00:34:10and we couldn't find a spare.

00:34:12And then a man came in with a cut thumb,

00:34:14and Dr. Warner got rather angry about malingerers clogging up the works, as he put it.

00:34:20And then on top of all that, the x-ray machine wasn't working properly.

00:34:24So Dr. Warner had said keep an eye on him when he was excited and hot-headed.

00:34:27Lord, could the witness select her old words?

00:34:30I apologise.

00:34:33Nurse, what was your point when you said Dr. Warner had been angry when he issued these instructions?

00:34:39Oh, well, normally he would have said stay with him or get someone to stay with him.

00:34:45Not so flip.

00:34:47And then you went off to assist with the damaged trolley?

00:34:50Yes.

00:34:51Did it not occur to you before going that you should get someone to stand in for you with Mrs. Simpson?

00:34:55Another nurse, perhaps?

00:34:56Oh, I did try, but there was a bad staff shortage that day and I couldn't find anyone.

00:35:01And then the little boy on the trolley was crying and I had no time.

00:35:05I see.

00:35:07Nurse, darling, I have to put it to you that the reason Mr. Simpson was permitted to leave

00:35:12was because you did not return as quickly as you might from assisting with the damaged...

00:35:15I came back as soon as I could.

00:35:16...that you treated the standard behaviour relating to head injury patients in a most cavalier fashion...

00:35:20I did not!

00:35:20...that you delayed your return, a quick cup of tea, perhaps a short chat with someone.

00:35:24How else would Mr. Simpson either get the idea that he was finished with

00:35:28or that he would be able to walk from the accident apartment into the street,

00:35:31which, as you know, is some considerable...

00:35:33Oh, I don't know why he left.

00:35:34How could I know why?

00:35:36Well, perhaps he heard what Dr. Warner said.

00:35:38Keep an eye on me.

00:35:38No, after that.

00:35:39What?

00:35:39No.

00:35:40No.

00:35:41No.

00:35:42No.

00:35:43No.

00:35:44No.

00:35:45No.

00:35:46No.

00:35:47No.

00:35:48No.

00:35:49No.

00:35:50No.

00:35:51No.

00:35:52No.

00:35:53No.

00:35:54No.

00:35:55No.

00:35:56No.

00:35:57No.

00:35:58No.

00:35:59No.

00:36:00No.

00:36:01No.

00:36:02No.

00:36:03No.

00:36:04No.

00:36:05No.

00:36:06No.

00:36:07No.

00:36:08No.

00:36:09No.

00:36:10No.

00:36:11No.

00:36:12No.

00:36:13No.

00:36:14No.

00:36:15No.

00:36:16No.

00:36:17No.

00:36:18No.

00:36:19No.

00:36:20No.

00:36:21No.

00:36:22No.

00:36:23No.

00:36:24No.

00:36:25No.

00:36:26treatment. is that what you told the court? yes sir. and did you tell him? oh no of

00:36:33course not. Lord if it please the courts I wish to ask for a short adjournment.

00:36:40by all means mr. Elliot. 30 minutes? most obliged my lord.

00:36:44Mr. Darling since you are still giving evidence you must not converse with

00:36:47anyone in the court during the adjournment. perhaps you could remain in the court.

00:36:56a word with you. the devil's going on.

00:37:14well Derek it looks as if they have a crisis on their hands. they don't seem to be having

00:37:18much luck with their witnesses do you?

00:37:25she's right. I did say something like that. I can't remember the exact words. she can.

00:37:46those x-rays were the last straw. you damn fool. look if you came down from the boardroom once in a while you might have some idea about the lousy conditions we have to put up with.

00:37:52really? the point is. did you mean to discharge him sir? yes. you meant to

00:37:59discharge your patient? no no of course not. I was just being sarcastic. I was very

00:38:03angry. the second point is do you think he could have heard you? I'm sure he didn't.

00:38:07are you? yes. because if the judge decides he could have heard you'll be seen to

00:38:13have officially discharged your patient before finishing an examination. they don't

00:38:16need me to tell you the consequences of that. Barry get a copy of the ground then.

00:38:23you have all the irresponsible things to say. I'll swear he couldn't have heard me. yes you may have to.

00:38:27look how is it I wasn't told about this before? what the remark? yes. I'd forgotten all

00:38:30about it. well so at Helen until I started a needle huh? can you remember where you said it?

00:38:35in the corridor. near Simpson's restroom? no moving away from it. James you'd better

00:38:41get this right. point to where you think you said it. well this is where Simpson was.

00:38:46about here. how far is that? five ten yards? oh about five yards. was Simpson's door open?

00:38:55no no. I closed it after seeing him. that's some time ago. are you sure? I'll never forget that day.

00:39:05now Barry. mark it. now here's a question you'll hear again before this day is over.

00:39:11how loud did you say it? well not loud. I more or less murmured it to her. how do you mean you'll hear

00:39:17it again? their counsel will move the earth to prove he yelled it out at the top of his voice for

00:39:21all the world to hear. now just a minute. can they call water back into the box? no but I'll have to.

00:39:24and they'll cross examine. well is that wise? it depends on your definition of wise Mr. Frost.

00:39:29if you don't mind losing sixty thousand pounds then no it's not wise. but supposing they prove

00:39:33that Simpson did hear. then you'll lose again. but I'll tell you this. if I don't recall Dr.

00:39:39Warner we might as well pack up and go home now. it'll be a glaring admission on our part that he's to

00:39:44blame. recalling him we might just convince the judge that Warner's tale is the right one. that

00:39:49Simpson didn't hear the remark. there is something you should bear in mind Mr.

00:39:53really don't view the way this case is going. what's that? well the hospital is as you're aware

00:39:59situated in a mainly working-class area. yes. Rutkin has a huge job persuading people to come to it

00:40:03voluntarily for treatments and check-up. enormous. it's a constant uphill battle against inbuilt

00:40:11prejudice that all we want to do is cut off their legs or steal their hearts. what is your point Mr.

00:40:16Frost? look I'm not asking for a whitewash. you think I'm not aware of the lack of modern equipment.

00:40:21the badly needed coated paint the bigger grant from the authorities. we're not that Dickensian

00:40:26on the board Mr. Elliot. I don't care what Dr. Warner thinks. my point simply is this. putting

00:40:32Warner back into the box gives him a chance to clear himself. which is right if he's innocent.

00:40:37putting him back shows that we're not admitting our guilt which is also right. however putting him back

00:40:42into the line of fire will make it certain that the deficiencies of Rutkin or indeed any other

00:40:47hospital will be publicized suggesting that it isn't able to take good care of its patients.

00:40:53consequently there's a danger that no one will go to them and that Mr. Elliot would be tragic.

00:41:01we'll think of all the people who might avoid cancer by checkup now who might arrest heart disease or

00:41:08rheumatism in its early stages. I beg you Mr. Elliot bear this well in mind. be very careful.

00:41:18that make sense to you? yes a lot. two things. when Frycross examines one speak the truth

00:41:27and two keep your temper. I'll try. try hard. you start yelling in there and your hospital not only

00:41:34lose a £60,000 but you my friend you lose your career. are we ready?

00:41:50I have to call.

00:42:04Mr. Elliot. Lord, I wish to recall Dr. Warner.

00:42:17Dr. Warner, I must remind you that you are still under oath. sir.

00:42:22Dr. Warner, on the board, the hospital ground plan.

00:42:26Dr. Warner, now you've indicated the room where Mr. Simpson was resting and the place you say you

00:42:32murmured your remark to Nurse Dowling. yes.

00:42:34Dr. Warner, I have two questions.

00:42:38did you mean what you said about Mr. Simpson finding another hospital if he were to receive

00:42:42proper treatment?

00:42:43Dr. Warner, of course not. I was being sarcastic at a particularly frustrating moment.

00:42:47Dr. Warner, second question, looking at the ground plan.

00:42:51do you consider Mr. Simpson could have heard what you said?

00:42:54he could not.

00:43:07do you often get rattled, doctor?

00:43:09Dr. no.

00:43:10Nurse Dowling said, Dr. Warner often gets impatient.

00:43:14Well, I get annoyed when things let me down.

00:43:17And when you get annoyed, you become sarcastic?

00:43:18Sometimes.

00:43:19You work in an area where a man or woman's existence often hangs in the balance.

00:43:24If you like.

00:43:25And so much at stake, inefficiency can lead to tragic results.

00:43:28Yes.

00:43:30Let me put it this way.

00:43:32If I, as a barrister, make a mistake and lose a case, I can regret it and resolve to do better next time.

00:43:38If, however, you make a mistake, it could occur there would be no next time for you.

00:43:43Perhaps.

00:43:44Doctor, in a profession such as yours, I too would become furious if things went wrong to impede my work.

00:43:49I would become incensed with rage if I thought a life was being placed into jeopardy because of poor facilities.

00:43:54Would you?

00:43:55Wouldn't you?

00:43:59In fact, after the blown light bulbs, the malingerers, and on top of that, the faulty x-rays, weren't you incensed with anger on the day in question?

00:44:05Well, I was angry, yes.

00:44:07And your impatience led perhaps to a tension between yourself and Nurse Dowling?

00:44:10No.

00:44:10But you were angry?

00:44:14Yes.

00:44:17When you were angry, did you shout?

00:44:18No.

00:44:19Yell?

00:44:19No.

00:44:20Scream out at the top of your voice?

00:44:21No.

00:44:21Don't you?

00:44:24Don't you?

00:44:26Oh, come, Doctor, you must. Everyone does. Why are you so different? Don't you, Doctor Warner?

00:44:31I'm not so irresponsible as to shout in front of a patient who could misunderstand what I'm saying.

00:44:44We now come to what to me is the most interesting part of your remark.

00:44:50Tell him to go and find a better equipped hospital if he wants to get properly treated.

00:44:55Dr. Warner, what exactly did you mean by better equipped? Is Rudkin Hospital so ill prepared to

00:45:03help people who visit him for treatment?

00:45:25For 시드 Relax.

00:45:26An rainy day at winter.

00:45:29Or pouvji with giver Weird He絆

00:45:30Or did you eat over.

00:45:31If he was amist of a client who sent the color and saw the product?

00:45:33Yes.

00:45:34Now with

00:45:48Iw?

00:45:50No.

00:45:51Your finds

00:46:23Dr. Warner, let me repeat the question I've just put to you.

00:46:31What did you mean by saying to Nurse Darling,

00:46:33you'd better tell Mr. Simpson to go and find a better equipped hospital if he wants to get properly treated?

00:46:40Is Rudkin Hospital so ill-prepared to dispense medicine?

00:46:43I have just explained. I was merely being sarcastic.

00:46:46I was annoyed at the number of things that had gone wrong that day. I did not mean it.

00:46:50What did you mean by a better equipped hospital?

00:46:53Because of the faulty x-ray prints, which meant a further delay in completing Mr. Simpson's examination,

00:46:59I said, in anger and not loudly to the nurse, that he ought to find a better place.

00:47:03I just said it. I did not mean it.

00:47:06I don't see how much more I can explain.

00:47:09Was this the first time things had gone wrong in the accident department?

00:47:12Well, things are always going wrong. Minor things.

00:47:14In any department of any hospital at any given time.

00:47:17So you would refer to all hospitals as badly equipped.

00:47:20Dr. Warner has accused no hospital of being badly equipped, my lord.

00:47:23This is a phrase introduced by my learned colleague.

00:47:26Would you say you could, even in sarcasm, refer to better equipped hospitals in most accident departments elsewhere?

00:47:32The witness's excellent record, though he has as a doctor, my lord, has made no claims to omniscience.

00:47:37Think again, Mr. Fry.

00:47:39Very well, doctor. Let me ask you this.

00:47:45With the conditions prevailing in Rudkin at the time of Mr. Simpson's visit,

00:47:49and by conditions I refer to faulty x-ray equipment, staff shortage, faulty lighting,

00:47:55an inadequate system of sorting out malingerers from bona fide patients,

00:47:58with these conditions prevailing, can you honestly say that you were able to provide Mr. Simpson,

00:48:04or indeed any patient, with all reasonable care and attention?

00:48:13Yes.

00:48:18Dr. Warner, you have maintained your assertion of having given all reasonable care and attention to the assist.

00:48:25Yes.

00:48:26Despite the inconveniences you suffered on this particular day.

00:48:30Yes.

00:48:31Have these inconveniences caused you delays in the past?

00:48:33Have they prolonged the examination of a patient?

00:48:36Yes, often.

00:48:38How many times has a patient admitted into your care died because of an incomplete examination?

00:48:45None.

00:48:47And what, in your opinion, was the chief reason for the incompletion of this examination?

00:48:52Well, the fact that he'd left before I had finished.

00:48:54What caused him to leave before you'd finished?

00:48:56I suppose his own impatience.

00:48:58He'd repeatedly said he was in a hurry and there was nothing wrong with him.

00:49:01Doctor, is there any way open to hospital authorities to prevent a person from leaving,

00:49:08ignoring all expert advice to the contrary, if that person so desires?

00:49:13No, none.

00:49:13Thank you, Doctor.

00:49:16We would simply ensure that he signed a note to that effect to clear us.

00:49:20Did someone offer Mr. Simpson such a note for signature?

00:49:24No.

00:49:24Of course they didn't.

00:49:25Because no one was attending him at the time of his departure.

00:49:28If your Lordship has no more questions.

00:49:34No.

00:49:34You may step down, Dr. Warnock.

00:49:36If it please the court, my lord, I should like to call my final witness, Mr. Frost,

00:49:44who represents the management committee of the Rudkin General Hospital.

00:49:48Mr. Frost, thank you.

00:49:48He was not on our original list of witnesses, my lord,

00:49:51but the defence would like to ask him a few questions.

00:49:54Oh, very well.

00:49:55I would hate to stand in the way of the due process of law, Mr. Frost.

00:50:24Much obliged, you lord.

00:50:27The Frost is up as a candidate of witness for the defence.

00:50:30Would you not play it cool, Eric, but don't let them get away with anything.

00:50:46Nick, I'm sorry.

00:50:48What for?

00:50:51And what's going to happen?

00:50:54Only I hadn't said it.

00:50:56If I hadn't said it, you mean?

00:50:58Well, I'd forgotten all about it until that lawyer started going on and on.

00:51:01I can't get used to the fact that everything sounds so different when it's read out in court.

00:51:05What is the truth of anything?

00:51:08I'll never forgive myself if anything happens to you.

00:51:10Yes, you will.

00:51:11Oh, I don't mean that in Miss Snideway, Helen, but you will.

00:51:16It'll be my fault.

00:51:17A doctor can't afford to have a short temper, and that's that.

00:51:20You know, I often think back to when we worked at Radkin together.

00:51:31Thinking you're glad to be out of it, I bet.

00:51:33No, just the opposite.

00:51:35You're a glutton for punishment, Helen.

00:51:37Hardly a day went by without me yelling at you.

00:51:39Well, where I work now, nobody shouts at me at all.

00:51:41It's so boring.

00:51:42Where are you living these days?

00:51:49Same place.

00:51:52Same number.

00:51:57Thank you, Mr. Frost.

00:51:58I was anxious for it to be made clear that Radkin General Hospital

00:52:02has never before been involved in a lawsuit for negligence.

00:52:09All right, Mr. Dewans.

00:52:12Mr. Frost, I am obliged for your concise account of Radkin's previous record,

00:52:19and I'm much heartened by what you say.

00:52:21However, we are dealing with the present, not the past.

00:52:25And during this present time, your hospital has been sued for negligence.

00:52:29I was merely answering the questions put to me.

00:52:33Of course you were.

00:52:34I have just a few points.

00:52:36Points or questions, Mr. Jones?

00:52:39I beg pardon, my lord.

00:52:41Questions?

00:52:41Oh, I wanted to clarify whether you were about to make a speech or not.

00:52:45That is all.

00:52:48Mr. Frost, we have heard how a great number of things were going wrong

00:52:52on the day Mr. Simpson tragically died.

00:52:54We have heard how some things were going wrong, I think.

00:52:58Some things?

00:53:00Light bulbs that blew out?

00:53:01X-ray prints that were unsatisfactory, melingoes, a staff shock...

00:53:05Mr. Jones, we have been through all this before, I feel.

00:53:08I'm sorry, my lord, but I was trying to take up Mr. Frost on his replies to my lonely colleague

00:53:12here regarding the previous record of the hospital.

00:53:14Very well, but it might help to come to the point a little sooner.

00:53:17I don't want to cramp your style, you understand.

00:53:20Mr. Frost.

00:53:23I am much obliged, my lord.

00:53:27Mr. Frost, from the evidence we have heard in this court, it would appear that in the

00:53:30past your hospital has been efficient, ably run, and very adept at its function.

00:53:34However, today it is not so.

00:53:36Totally untrue.

00:53:37That today it is ill-equipped to deal with the enormous pressures placed upon it, unable

00:53:41to fulfil the functions as the proper ones of such an establishment, to diagnose illness

00:53:46and effect a cure.

00:53:47You are stating that on the evidence of one alleged case of negligence, the hospital, which

00:53:54I represent in this court, is unfit to serve as a place where the public might seek and

00:54:00receive medical treatment.

00:54:02I strongly resent any such suggestion.

00:54:06I'm sorry if I have given that impression.

00:54:09I did not intend...

00:54:11It's all right, Mr. Elliot.

00:54:12I ceased to take notes some minutes ago.

00:54:16Mr. Jones, I take your zeal and enthusiasm into account, but I find your line of questioning

00:54:22too strong for the replies I think you are seeking.

00:54:28I'm properly corrected, my lord.

00:54:30I apologise to Mr. Frost if I have caused him any anxiety.

00:54:36Thank you, Mr. Frost.

00:54:39That was the final witness for the defence, my lord.

00:54:42Nothing to worry about.

00:54:44All I prescribe is a stiff drink later on.

00:54:48There we go.

00:54:49If your lordship pleases, I would like, in summing up for the plaintiff, to re-emphasise

00:54:59the crucial phrase around which this case revolves.

00:55:03The question which faces the court is, did Mr. Simpson receive all reasonable care and

00:55:09attention while under examination for his injuries in the accident apartment of Rudkin General

00:55:14Hospital.

00:55:17My lord, I am, as always, indebted to my colleague for the compassion he has shown during this

00:55:22case for the plaintiff, Mrs. Simpson.

00:55:25We are dealing here with an accepted procedure which does, on occasions, use the words, all

00:55:32reasonable care and attention with regard to accident patients.

00:55:36My lord, our case is simply this, that although we are aware of the difficult conditions under

00:55:46which all hospital accident departments labour, nevertheless, the lack of proper supervision

00:55:51of Mr. Simpson while he was undergoing an examination for injuries involving a head wound enabled him

00:55:57physically to leave the precincts of the hospital before that examination was completed.

00:56:01As a result, he died from a hitherto undiagnosed complication which might well have been discovered

00:56:09had the examination been completed.

00:56:13Therefore, he did not receive all reasonable care and attention.

00:56:19It is our submission, my lord, that this constitutes a clear and unequivocal case of negligence on

00:56:25the part of the hospital.

00:56:32Mr. Leonard.

00:56:33The lord, my learned colleague has generously pointed out that the defendants in this case,

00:56:41requiring no prompting from me or anyone else, have shown a great deal of sympathy for the

00:56:47plaintiff, Mrs. Simpson, in the loss of her husband.

00:56:50Now, adequate proof of this is found in their decision not to question the amount of damages

00:56:57claimed against them.

00:56:59Our defence, your lordship, simply takes the operative words reasonable, care and attention,

00:57:04which incidentally were first introduced into this case by the plaintiff's counsel.

00:57:10Now, we argue that the facts demonstrate these words were fully adhered to by the hospital

00:57:14authorities.

00:57:14If one were to select one of these words and, so to speak, hold it up to the light for further

00:57:23investigation, that word would be reasonable.

00:57:27By using this adjective rather than say, all conceivable or all possible care and attention,

00:57:34the authorities take into account, we submit, that existing conditions in which this care

00:57:42and attention is performed.

00:57:45Now, it's our contention that the word reasonable is designed in this phrase, to take into account

00:57:50the sometimes less than perfect conditions prevailing in an accident department when running

00:57:54at full steam in the execution of its duties.

00:57:57And such was the case on the day when Mr. Simpson was taken to the accident department

00:58:02of Rudkin General.

00:58:05Now, we've heard in particular the evidence of Dr. Warner, a witness who has amply demonstrated

00:58:13his sincere and complete dedication to his work.

00:58:17Now, Dr. Warner has frankly described the inadequacies of the department.

00:58:20Staff shortages, temperamental equipment, constant use your lordship of delicate machinery will

00:58:29inevitably lead to mechanical trouble.

00:58:31Hence, I submit, it's all reasonable care and attention which is demanded.

00:58:39It is our assertion, therefore, that all reasonable care and attention was paid to Mr. Simpson.

00:58:44It was a decision arrived at by Mr. Simpson himself to leave the hospital.

00:58:48When he was left alone for a short while while the staff were engaged in emergency work elsewhere.

00:58:54Now, it was this decision that was the cause of his tragic and untimely death.

00:59:02My lord, that is the case for the defence.

00:59:11It's getting late.

00:59:13I will give judgment at 10.35 tomorrow morning.

00:59:18Well, I liked your performance, James. Most eloquent.

00:59:29Thank you, Jonathan.

00:59:30Sorry you had some unpredictable misses.

00:59:34Yes, I can see you are.

00:59:36Ah, James, you know what I think.

00:59:38One wins a few, one loses a few.

00:59:41I stopped being smug when I was Derek's time to behave.

00:59:43I wasn't really smug just now.

00:59:45Barry was rushing about it, but what was the matter?

00:59:48I like to keep busy.

00:59:50How come you get all the attractive clowns?

00:59:53Oh, I have great charisma.

01:00:00Well, it was some time ago.

01:00:02I think that's a nasty moment for those two, I think.

01:00:17Remains to be seen what the judge makes up.

01:00:19I did have a chance to thank you about yesterday, Dr. Warner.

01:00:47What for?

01:00:48Well, you managed to avoid highlighting the major faults in the hospital.

01:00:52I appreciate it couldn't have been easy for you.

01:00:54You were up against it, but you kept off the danger points, and I'm very grateful to you.

01:00:58That's all right, Mr. Bust.

01:00:59If you excuse me, I'm sorry.

01:01:02Mr. Elliott, what chance have I got of the judge believing me?

01:01:0650-50.

01:01:07Well, you're not committing yourself, then?

01:01:08No.

01:01:09Well, what's he like, the judge?

01:01:11Justice Waddington.

01:01:13Well, he plays golf badly, plays bridge rather well.

01:01:17He's an old-fashioned gent when it comes to the ladies.

01:01:20He hates dogs, but he adores children.

01:01:24He's also a very fair man.

01:01:26I see.

01:01:27Silence in court.

01:01:29Just how fair, we're soon to discover.

01:01:39This has been a most difficult case over which to preside, and I'm indebted to both

01:01:54counsels for their crisp and helpful presentation of the facts.

01:02:00All the witnesses that appeared before me, both for plaintiffs and defendants, help to

01:02:05clarify the often complex situation which is involved when the workings of a general hospital

01:02:12come under scrutiny.

01:02:15Dr. Sissons firmly stated that his opinion was that at no time should a casualty be permitted

01:02:22to remain alone until the examination is completed.

01:02:27He gave us valid and understandable reasons why such patients should be thus treated.

01:02:32I was impressed by these precautions.

01:02:35Subsequently, we heard the doctor, who performed the examination on the deceased, describe the

01:02:43hectic conditions prevailing in the accident department of the Rudkin General Hospital at

01:02:48the time of the examination.

01:02:51These conditions were corroborated by Nurse Dowling, who introduced a new element into the hearing,

01:02:59that of an ill-judged and hasty remark made by the doctor, Dr. Warner.

01:03:09The nature of this remark was such that, had the patient overheard it, he might have taken

01:03:17the words uttered in their literal sense and considered himself officially discharged from

01:03:24the hospital.

01:03:25Now, let me dwell here a moment.

01:03:29Dr. Warner states he made his remark in anger that he did not mean it literally for the patient

01:03:35to be told to go and find another hospital.

01:03:39He also states that he was at a distance from the patient and that he did not raise his voice

01:03:44to Nurse Dowling as he made it.

01:03:47I have studied the ground plan of the particular area of the building where the words were uttered.

01:03:55I have come to the conclusion that both Dr. Warner and Nurse Dowling are honest, truthful witnesses.

01:04:06Although I detect in Dr. Warner a certain impatience, a readiness to lose his temper, I must confess

01:04:15that doctors should be allowed the privileges given to other mortals and should be permitted

01:04:21to show resentment when things around them go wrong through no fault of their own.

01:04:28I therefore conclude that both Dr. Warner and Nurse Dowling are in no way responsible for

01:04:35the events leading up to the death of Mr. Simpson.

01:04:39The question I am required then to resolve is, should the hospital authorities have provided

01:04:47a system which guaranteed Mr. Simpson could not have left the accident department before

01:04:53the conclusion of his examination?

01:04:57Evidence has been given that Mr. Simpson was an energetic and ambitious man with a busy professional

01:05:02life.

01:05:03He was clearly an impatient man.

01:05:07But that in itself does not absolve the hospital from a duty of care.

01:05:15I am not unaware of what has been said about the gap between accepted procedure and that which

01:05:20is practical given the present state of the overweight condition of the accident departments in all hospitals.

01:05:29Indeed, I am most sympathetic to these matters.

01:05:33But in this case, we have a man with a head injury, a wound to a most complex and vital part of the human body.

01:05:43A man who has demonstrated a likelihood that he might get up, leave the restroom, the accident department, and the building.

01:05:54I am aware too that I am criticizing a system which by virtue of the stresses of modern life has become inadequate through no fault of its own.

01:06:04Yet, an investigation into the reasons for its inadequacies is unfortunately not within the function of this court.

01:06:16I therefore find the management committee of Rudkin General Hospital guilty of negligence in this case and award the agreed sum of damages to the plaintiff.

01:06:29Well done.

01:06:44Thanks, James.

01:06:47I'm delighted to see I was wrong about the laws for you of your young doc.

01:06:51I just hope nobody takes it out on you.

01:06:53I shouldn't think so.

01:06:56Mr Elliot, thanks a lot. Good luck.

01:06:59Now, James, you're always going on about your tonsils. Now's the time to arrange some quick treatment.

01:07:03Any time.

01:07:05Bye, Mr Elliot.

01:07:06Bye-bye.

01:07:08What can I say?

01:07:15It was the court that decided, madam. I am merely an instrument.