6 Nov 2006
Wyman v Accident Compensation Corporation
- Citation
- [2006] NZACC 272
- Court
- District Court
The adverse consequence is the nerve tissue damage caused by the biopsy and not the subjective severity of pain; severity of pain cannot be used to reclassify the adverse consequence as rare under s34(3); evidence established increased pain occurs in approximately 10–30% of cases, so the statutory rarity threshold (<=1%) is not met and medical mishap cover fails.