New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical misadventure definition

Legal area

Court

29 Jan 1998

Inwood v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1998] NZACC 11
Court

District Court

Appeal dismissed because appellant failed to establish medical misadventure: there was no evidence of medical error (no breach of the applicable standard of care) and the adverse effects suffered (bleeding and blistering of gums) did not meet the statutory definition of 'severe', so medical mishap was not established; absence of evidence on rarity was immaterial once severity failed.
10 Dec 1997

Shepherd v Accident Rehabilitation and Compensation Insurance Corporation

Citation

[1997] NZACC 253
Court

District Court

Court found on the balance of probabilities that the appellant suffered a neck strain during the lithotomy positioning on 12 June 1995 but that the injury did not constitute medical error or medical mishap under s5; however the circumstances amount to personal injury by accident under s8(2)(a); matter is remitted to the Review Officer to consider cover under s8(2)(a) relying on the Court's factual findings.