17 Apr 2015
Buckley v Accident Compensation Corporation
- Citation
- [2015] NZACC 84
- Court
- District Court
Appeal dismissed: on the balance of probabilities the baby's hypoxic brain injury was caused by non-treatment factors (umbilical cord compression likely from a knot and placental infection/inflammation, compounded by rapid labour), and expert evidence established that neither induction at 38 weeks nor marginally earlier Ventouse delivery would probably have prevented the injury; therefore the injury does not meet the statutory definition of a treatment injury under s32.