21 Jun 2010
Grogan v Accident Compensation Corporation
- Citation
- [2010] NZACC 85
- Court
- District Court
The surgeon's expert opinion established that it is impossible to determine with sufficient confidence whether a tumour existed in June 2004 or that the delay caused significant tumour growth; without such medical proof the court cannot, on the balance of probabilities, find a treatment injury resulting from delayed diagnosis, therefore the appeal is dismissed.