20 Feb 2018
Karmarkar v Accident Compensation Corporation (Treatment Injury)
- Citation
- [2018] NZACC 41
- Court
- District Court
There was no failure by the surgeon to arrange additional pre-operative assessments or to consider non-surgical options; the intra-operative decision to place a cholecystostomy tube was a prudent response to complex pathology and did not cause a compensable treatment injury under ss 32–33 of the Accident Compensation Act 2001, therefore the appeal is dismissed.