1 Jul 2016
ACCIDENT COMPENSATION CORPORATION v ADLAM [2016] NZHC 1487
- Citation
- [2016] 3 NZLR 492
- Court
- High Court
A failure to treat cannot be established where there were no observable clinical indications that intervention was required; a treatment injury cannot be proved solely by hindsight that a different course might have yielded a better outcome; claimants must show on balance of probabilities that the omission or treatment was unwarranted based on the patient's presentation and clinical knowledge at the time and that the omission caused the injury.