New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Phototherapy
  • 18 Nov 2005

    Zhang v Accident Compensation Corporation

    Citation
    [2005] NZACC 345
    Court
    District Court

    Although the appellant suffers brain damage manifesting as developmental delay, expert opinion and clinical records establish there was no medical error causally linked to that injury: maternal thyroid function was normal when tested and maternal hypothyroidism in the relevant period would not account for the injury; neonatal bilirubin levels never reached thresholds known to cause bilirubin encephalopathy and phototherapy was appropriately applied; there is no evidence of transient congenital hypothyroidism. Therefore the statutory causation requirement for medical misadventure is not met an…