24 Mar 2014
McCully v Accident Compensation Corporation
- Citation
- [2014] NZACC 76
- Court
- District Court
The court found on the balance of probabilities that the graft collapsed because the patient's biological healing response (host factors/perigraft environment) prevented incorporation of the bone graft, not because of the surgical treatment; therefore the injury was not caused by treatment within s 32(1)(b) and treatment injury cover is not available.