21 Dec 1998
Te Whare v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 275
- Court
- District Court
On the balance of probabilities the appellant failed to prove that the treatment (delay in IV access) causally produced greater impairment; even if causation were established the adverse consequence could not be regarded as 'rare' because severe disability is a common outcome of pneumococcal meningitis; therefore statutory elements of medical mishap (causation and rarity) were not made out and claim for medical misadventure fails.