12 Dec 2006
Harman v Accident Compensation Corporation
- Citation
- [2006] NZACC 309
- Court
- District Court
The court held the pleural perforation resulted from a slip in surgical technique amounting to medical error because such an injury would not occur if the subpectoral dissection had been performed to the standard of skill reasonably expected of the specialist; the claimant's thinness was a known risk factor requiring greater caution but did not excuse the error; therefore the review decision granting cover for medical error was upheld.