5 Mar 2009
M v Accident Compensation Corporation
- Citation
- [2009] NZACC 30
- Court
- District Court
On the balance of probabilities the contemporaneous records and expert opinion show ovarian resection was a necessary and ordinary part of the hysterectomy treatment for adnexal endometriosis in 1978, informed consent was not proved to be lacking, and despite unresolved questions on causation to later osteoporosis the claim does not meet the statutory test for treatment injury under ss.32–33 of the 2001 Act; ACC's declination was correct.