New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Medical error vs medical mishap

  • 3 Aug 2011

    Thomas v Accident Compensation Corporation

    Citation
    [2011] NZACC 211
    Court
    District Court

    The review officer's explicit finding that there was no medical error constituted a decision that had the effect of revoking the Corporation's earlier decision granting cover for medical error; the review officer was not required to use a particular form of words to achieve that effect and the Corporation validly exercised its power to decide subsequently on medical mishap, with its decision declining mishap not affecting the review officer's finding on error.

    • Medical misadventure
    • Medical error vs medical mishap
    • Review decisions
    • Leave to appeal
    • Jurisdiction of review officers

  • 12 Dec 2006

    Harman v Accident Compensation Corporation

    Citation
    [2006] NZACC 309
    Court
    District Court

    The court held the pleural perforation resulted from a slip in surgical technique amounting to medical error because such an injury would not occur if the subpectoral dissection had been performed to the standard of skill reasonably expected of the specialist; the claimant's thinness was a known risk factor requiring greater caution but did not excuse the error; therefore the review decision granting cover for medical error was upheld.

    • Medical misadventure
    • Medical error vs medical mishap
    • Standard of care for specialists
    • Expert evidence evaluation

  • 4 Sept 2003

    Morgan v Accident Compensation Corporation

    Citation
    [2003] NZACC 218
    Court
    District Court

    The appellant failed to prove on the balance of probabilities that she suffered a physical injury caused by medical misadventure; medical records and independent advice show treatment was for a chronic anxiety disorder, symptoms predated and overlapped with alleged withdrawal, and there is no reliable evidence of a physiological basis or causation linking the prescriptions to a brain injury; accordingly the review decision declining cover is upheld.

    • Benzodiazepine prescription
    • Informed consent
    • Causation
    • Physiological dependency/withdrawal
    • Medical error vs medical mishap

  • 25 Jun 2003

    Breedveld v Accident Compensation Corporation

    Citation
    [2003] NZACC 138
    Court
    District Court

    Appellant failed to prove on the balance of probabilities that clinicians breached the required standard of care; independent contemporaneous records and multiple expert reports supported that protocols were followed and the luer had been managed appropriately, therefore the classification as medical mishap (not medical error) was correct and the appeal is dismissed.

    • Medical misadventure
    • Medical error vs medical mishap
    • Standard of care
    • Statutory review
    • Procedural fairness