New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Rarity criterion

  • 30 Jun 2008

    Fuller v Accident Compensation Corporation

    Citation
    [2008] NZACC 134
    Court
    District Court

    On the totality of credible specialist evidence, and weighing reports from surgeons who examined the claimant, the court found that the femoral anteversion, leg lengthening and increased offset combined to produce a rare and severe anterior capsular contracture as a consequence of properly given treatment, satisfying the statutory medical mishap test; no medical error was established, therefore cover is granted for those consequences and the respondent's and review decision are set aside.

  • 27 Feb 2008

    Kirkwood v Accident Compensation Corporation

    Citation
    [2008] NZACC 42
    Court
    District Court

    Damaged nerve fibres caused by the caesarean section constitute a physical injury; the neuropathic pain attributable to those damaged and unrepaired nerves satisfies the statutory severity test and, on the evidence (including Dr Tait and absence of literature indicating higher incidence), satisfies the rarity threshold of occurring in less than 1% of caesarean section cases; accordingly cover is granted for neuropathic pain directly attributable to the operative site.