15 Apr 1998
Clark v Accident Rehabilitation and Compensation Insurance Corporation
- Citation
- [1998] NZACC 70
- Court
- District Court
The Court interpreted "treatment" to include the anterior resection and the creation of the anastomosis and accepted the expert evidence that the combined incidence of stricture formation and subsequent perforation following dilatation is less than 1% on the balance of probabilities; therefore the adverse consequence met the statutory rarity threshold and constituted a medical mishap entitling the appellant to cover under the Act.