17 Aug 2000
S v Accident Compensation Corporation
- Citation
- [2000] NZACC 204
- Court
- District Court
Judge found no negligence in the surgeon's provision of information and therefore no medical error for failure to obtain informed consent, but accepted the treating surgeon's experience-based evidence that the cumulative probability of recurrent fistula after three repairs fell below 1%; the adverse consequence was severe; accordingly the injury qualified as medical mishap under the Act and ACC cover was required from the date the initial repair failed (13 February 1991).