2 Mar 2011
Larkin v Accident Compensation Corporation
- Citation
- [2011] NZACC 60
- Court
- District Court
Medical mishap was not established because the exacerbation from delayed treatment could not be shown to be a rare consequence of the monitoring/delivery process (<1% threshold). However, on the balance of probabilities the delay in arranging and effecting delivery constituted medical error and was probably a significant contributing cause to the severity of the appellant's cerebral palsy; accordingly the review decision is quashed in that respect and the appellant is entitled to ACC cover for cerebral palsy.