25 Sept 2018
Shand v Accident Compensation Corporation (Treatment Injury)
- Citation
- [2018] NZACC 152
- Court
- District Court
Judge concluded on the evidence that (1) the treating clinician (Dr Matheson) provided sufficient, comprehensible information of material risks and the appellant gave informed consent; (2) the exact cause of cortical necrosis was not established as being caused by treatment, so causation under s32(1)(b) failed; and (3) increased antibody levels are an ordinary and inevitable consequence of foreign-donor transplantation; therefore ACC cover for the claimed treatment injuries was not established and the appeal was dismissed.