New Britain herald., 1930-10-17
DR, MARTIN DENIES
 UNDUE NEGLIGENCE
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ment draws blood and induces a
 mental condition on the patient, he

ment draws blood and induces a mental condition on the patient, he said.
 The tray is about IS inches in diameter and has a rim around the edge about one-quarter of an inch high to prevent instruments from falling off, he said. He took the bottle of acid out of his medicine cabinet and placed it on the tray while Mrs. Larson was in a reclin- ing position. Removing the stopper, he inserted cotton into the bottle with tWeeZers and applied the acid to the tissues, then turning to his cabinet, he prepared 10 mix cement with which to fill cavity. He in- tended to use the acid a little later on other tissues, but within a min- ute or two he heard Mrs. Larson call to him and as he turned back to the chair he saw -that some of the acid had dripped from the tray, burning her leg and foot.
 He applied boric acid to the burns after wiping away the trichloracetic acid and also applied a solution Of bicarbonate of soda and gave her a gauge pad to keep the stockings away from the burned area.
 Examining the tray, he found that the acid had dripped through a slight crevice between the rim and the surface. The amount which came in contact with the injured parts was not more than single drop, in his opinion. He did not knock over the bottle. he said. nor did he hear it overturn.
 Cross examined by Attorney Calf ney, Dr. Martin replied T certainly do" 10 the attorneys question: You said you were an oral surgeon. You do not do attractions, do you?" As to the position of the tray, he said it was far enough from the chair to preclude the bottle from spilling on- to the patient and he always leaves the bottle uncorked on the tray while using the acid until he finishes the treatment. Then he puts it back into the cabinet.
 Attorney Gaffney brought out that Dr. Martin and Mrs. Larson were carrying on q conversation while he was treating her teeth and then questioned the possibility that she vas able to talk with cotton pads in her mouth, to which Dr. Martin replied by stuffing into his mouth the pads which were on exhibition and proving that he could talk plain ly with them in place.
 As 10 the number Of visits Mrs. Larson made 10 his office after the accident. Dr. Martin said she called at least 9 times. Asked by Attorney Gaffncy whether he had sent her q bill for the calls, Dr. Martin replied that he never sent her a bill until the treatments were finished. As to her position in the chair, he said she was not completely reclined because the head rest was tilted in a manner intended 10 make her comfortable and he demonstrated that her head wa higher than the base Of the chair. It W2s possible, he said. for her to reach the tray from her po- sition.
 Before being excused from the stand, Dr. Martin used the express sion "ordinary care" and Attorney Gaffncy asked him if he had been told 10 use it. T always use care in my profession. as you should know because you are one Of my pa teuts" Dr. Martin replied. Did l tell you to use that eXprcssion?" At torncy Coleman asked and Dr Mar lin replied negatively.
 The defense called Dr. s. l.. Beck with EWoll of West Hartford an oral surgeon. and Attorney Coleman asked him if in his opinion as an expert II was good dental practice to use trichloracetic acid In a pa tient's mouth, transferring it from an unstOpped bottle on a tray in a 1 position over the limbs of the pa ! tiont. Attorney Gaffney objected 10 the question and Judge Simpson i upheld tho objection because there i was no allegation of negligence in | "" '''' ' ""| VI tue dNlI. lie dl- legged negligence consisted of over turning the bottle md burning the 1 patient ,th" court said The expert was excused without lostrying, and both sides rested.
 Attorney Gutncy, summing up the c0sH, said Mrs, Larson was in the dentists chair for treatment and while there she was entirely subject to the dentist orders and uadcr his cares Through no tault of hers the powerful acid Was overturned