16 Oct 2017
ADLAM v ACCIDENT COMPENSATION CORPORATION [2017] NZCA 457
- Citation
- [2017] NZCA 457
- Court
- Court of Appeal
A 'failure to provide treatment' under s 33(1)(d) requires omission to take a step that an objective standard of clinical indication at the time showed should have been taken; therefore a failure cannot be established where there were no indications for a different treatment course and treatment injury requires that an alternative treatment that would have prevented the injury could and should have been given based on clinical indications at the time.