New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Medical misdiagnosis

Legal area

Court

12 Mar 2015

Jones v Accident Compensation Corporation

Citation

[2015] NZACC 63
Court

District Court

The court held that Judge Middleton's Appeal Authority decision had already sufficiently determined both the adverse reaction to Sinequan and the alleged failure to diagnose LGLS such that the appellant is issue estopped from bringing the present review applications; therefore the appeal is dismissed.
4 May 2009

Baker v Accident Compensation Corporation

Citation

[2009] NZACC 70
Court

District Court

The Court held the appellant's injuries were natural and likely consequences of the underlying HSE and were not caused by treatment; earlier diagnosis was not clinically feasible so s32(2)(a) excludes cover and the respondent's refusal of cover was correctly confirmed, therefore the appeal is dismissed.