31 May 2018
Osborn v Accident Compensation Corporation (Medical Mishap)
- Citation
- [2018] NZACC 82
- Court
- District Court
On the balance of probabilities the course of treatment after admission (including induction with syntocinon and the resultant prolongation of exposure to reduced oxygen) properly given by clinicians materially exacerbated pre-existing antenatal hypoxic injury producing an adverse consequence that met the statutory criteria of being rare and severe under s5; delay as pleaded in earlier proceedings did not operate as res judicata to bar consideration of medical mishap; accordingly ACC's decision declining cover was set aside and cover for medical mishap granted.