11 Oct 2010
Egerton v Accident Compensation Corporation
- Citation
- [2010] NZACC 174
- Court
- District Court
The appeal is dismissed because the available contemporaneous documentary and medical evidence is insufficient to establish on the balance of probabilities that informed consent was not obtained, and the late lodging of the claim has prejudiced ACC's ability to determine the historical consent issue; it is also probable the claimant would have proceeded with treatment even if warned.