29 May 2015
Amoroa v Accident Compensation Corporation
- Citation
- [2015] NZACC 125
- Court
- District Court
The initial spinal accessory nerve damage was an ordinary consequence of the surgery because the ancient schwannoma could not reasonably have been diagnosed pre-operatively and removal inevitably caused nerve damage; however the court reserved the question whether delayed identification of the nerve injury (post-histology) produced a different treatment outcome and could constitute a compensable treatment injury, directing further expert opinion and submissions.