18 Dec 1996
Estate of Otter v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1996] NZACC 154
- Court
- District Court
Although the double dose of insulin did not, on the balance of probabilities and on the medical evidence, cause Mrs Otter's death, the complete absence of clinical records, inadequate monitoring and omissions by medical and nursing staff constituted failure to observe the standard of care reasonably to be expected in the circumstances; those proven omissions were found to have caused the death and accordingly constituted medical misadventure under the Act, so the appeal is allowed.