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45
was visited in order to serve upon him a notice in this connection.
He and his room had not changed much, except that both were more
soiled. He announced his intention of fighting the case.
Upon the day before the hearing in court, being on other visits,
we called upon the old gentleman in passing. He was lying, helpless,
in bed. It appeared that he was suffering from the effects of a stroke.
Upon questioning others in the house, it was learned that his doctor
had called some five days previously. The doctor had viewed his
helpless condition, and had said that the old gentleman was a
hospital case, but that nothing could be done in this matter. He
had not called subsequently.
After some conversation the old gentleman agreed that he should
go to hospital, and this was arranged by the Health Department
with a hospital not under the control of the Local Hospital Management
Committee, so that he was admitted within an hour. The
Court was then informed of the circumstances, and it was agreed
that the case should be deferred.
A consideration of these cases, in relation to selected
paragraphs of the National Assistance Act, 1948, will give rise to
some thought. It would appear to be indicated in connection with
Section 47 of the Act that:—
(1) Power of examination should exist, so that a Medical
Officer of Health may ascertain, in doubtful cases, whether
removal to a hospital or institution is appropriate.
(2) A Medical Officer of Health should have authority to
call for a fully explanatory certificate from any general medical
practitioner who has been in attendance upon the case. This
certificate to include details of all steps already taken by the
medical practitioner.
(3) Some clear indication is required of what cases may be
presented for institutional acceptance.
(4) There should be a means of delegating power so that
the Medical Officer of Health may proceed as expeditiously as
possible, and further power should be given by amending
legislation so that real urgency can be attained in an emergency.
(5) Regulation should determine that persons having wide
enough authority are those to be named in an application for
institutional or hospital admission.