19 Dec 2018
Dela Rosa v Accident Compensation Corporation (Personal Injury & Treatment Injury)
- Citation
- [2018] NZACC 195
- Court
- District Court
The Court granted the appeal, quashed the reviewer's decision and reinstated ACC's decision declining cover because the respondent failed to prove a treatment injury on the balance of probabilities: no clinically indicated and available alternative treatment existed at the relevant times that could and should have been given and would likely have prevented the injury, the evidence favored a sudden cord occlusion on a background of placental insufficiency/hypercoiled cord as the probable cause, and administration of prostaglandin was not shown to have caused the injury; the Court preferred Ass…