New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Diagnostic delay

  • 10 Apr 2019

    Lindsay-Beale v Accident Compensation Corporation (Treatment Injury)

    Citation
    [2019] NZACC 28
    Court
    District Court

    The court relied on contemporaneous GP clinical notes and an independent GP review to find no evidence the GP knew of or ignored a breast lump prior to 1 November 2007; the GP's 2004 management was within expected standards for a 33-year-old and the first recorded lump prompted prompt referral in 2007; the appellant failed to prove on the balance of probabilities any failure to provide timely treatment or that any delay caused the metastatic outcome, so no treatment injury is established.

  • 10 Oct 2018

    Sims v Accident Compensation Corporation (Treatment Injury)

    Citation
    [2018] NZACC 158
    Court
    District Court

    Specialist medical evidence did not establish a delay in diagnosing type I diabetes before 2015 and, in any event, earlier diagnosis would not have materially changed management or prevented hypoglycaemic episodes because such episodes are virtually unavoidable in type I diabetes; additionally the physical injuries from the falls are already covered by existing ACC claims, so the appellant cannot obtain separate treatment injury cover — appeal dismissed and review decision upheld.