New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Clinical decision-making

Legal area

Court

15 Dec 2015

Zamal v Accident Compensation Corporation

Citation

[2015] NZACC 385
Court

District Court

On the facts the multidisciplinary clinical decisions to treat as presumed infective acute severe colitis based on preliminary laboratory information and clinical deterioration were reasonable; causation of the colectomy by any failure to diagnose or treat ulcerative colitis was not established and a lost opportunity/loss of chance does not meet the ACC causation threshold; appeal dismissed.
11 Jul 2008

Resetar v Accident Compensation Corporation

Citation

[2008] NZACC 159
Court

District Court

Necessity for the purposes of s32 must be assessed by reference to the circumstances and clinical knowledge at the time of treatment; where the personal injury was a necessary part or ordinary consequence of treatment on that basis, s32 does not provide cover even if later tissue analysis shows the procedure was unnecessary in hindsight.