2 Aug 2016
Sellwood v Accident Compensation Corporation
- Citation
- [2016] NZACC 207
- Court
- District Court
Implantation or retention of a prosthetic device later found to have a higher failure rate does not constitute a treatment injury absent evidence of a causative physical injury; claimant failed to prove physical injury or causation and there was no failure to obtain informed consent given contemporaneous knowledge, therefore the ACC declinature was correctly upheld.