28 Feb 2019
KARMARKAR v ACCIDENT COMPENSATION CORPORATION [2019] NZHC 294
- Citation
- [2019] NZHC 294
- Court
- High Court
The High Court found no error of law in the District Court's decision: the available evidence and independent expert opinion established that preoperative investigations and treatment were appropriate, there was no basis to conclude the surgery was unnecessary, and the insertion of the cholecystostomy tube was necessary treatment not a treatment injury; absence of specialist commentary meant medical literature could not displace expert opinion, so special leave to appeal was refused.