24 Mar 2005
Wilde v Accident Compensation Corporation
- Citation
- [2005] NZACC 94
- Court
- District Court
The court found no compensable new personal injury and no breach of the statutory standard of care: the treating surgeon's decision to operate was supported by clinical findings and corroborated by multiple specialists and independent expert opinion, and an unsuccessful outcome by itself does not constitute medical error under s33(4); accordingly the appellant's claim for cover for medical misadventure fails and the appeal is dismissed.