14 Aug 2007
Roborgh v Accident Compensation Corporation
- Citation
- [2007] NZACC 186
- Court
- District Court
Appeal dismissed: the initial ophthalmic screening met the relevant standard of care and causation was not established that earlier diagnosis would probably have enabled successful treatment; even if the missed follow-up was a treatment failure, s5(7) of the 1992 Act excludes adverse consequences of failure to diagnose/treat absent negligence, and loss of opportunity alone does not attract cover.