New Zealand Case Law: Decisions & Judgments

Topic

Failure to refer

Legal area

Court

13 Jun 2019

BREWSTER v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 1343

Citation

[2019] NZHC 1343
Court

High Court

Leave was granted because the High Court found it was seriously arguable the District Court applied a negligence/reasonable care test rather than the Court of Appeal's Adlam test (observable indications/departure from standard) in respect of failure to refer and that the District Court may have misapplied the balance of probabilities in assessing causation; these legal issues are sufficiently arguable to warrant appeal.
30 Mar 2011

Accident Compensation Corporation v Derrick

Citation

[2011] NZACC 102
Court

District Court

Leave to appeal was refused because the impugned findings were factual findings supported by evidence and did not raise a question of law suitable for High Court review; Judge Barber's determination that the GP delayed referral amounting to treatment failure under s33(1)(d) was a factual assessment, not a legal error.
19 Mar 2009

Williams v Accident Compensation Corporation

Citation

[2009] NZACC 40
Court

District Court

On the facts and expert evidence the GP did not breach the standard of care: an isolated squint detectable only by cover test without other neurological signs did not require urgent paediatric admission and referral to ophthalmology was reasonable; theoretical masking by erythromycin was speculative and not established; appellant failed to prove medical error or causation on the balance of probabilities; appeal dismissed.

New Zealand Case Law

BREWSTER v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 1343

Accident Compensation Corporation v Derrick

Williams v Accident Compensation Corporation