21 Aug 2012
Gibbs v Accident Compensation Corporation
- Citation
- [2012] NZACC 287
- Court
- District Court
Although osteomyelitis pre-existed treatment, the accepted medical error (the change and cessation of antibacterial treatment in June–July 1999) caused a materially greater injury — specifically the collapse/destruction of the C4 vertebra and the neurological deficit in the left arm — and those consequences constitute personal injuries caused by medical error within the meaning of the relevant statutes; ACC's refusal of cover was therefore unlawful and must be quashed and replaced with a grant of cover.