14 Dec 2000
Pisarek-Rocca v Accident Compensation Corporation
- Citation
- [2000] NZACC 336
- Court
- District Court
The appellant did not suffer the required physical injury under the Act; the irregular fat take and resulting cosmetic deformity are recognized complications of the procedure and do not amount to medical mishap or medical error under the Act, and the Commissioner’s finding on consent does not displace the Act’s negligence requirement for medical misadventure, so ACC correctly declined cover.