15 May 2008
McEnteer v Accident Compensation Corporation
- Citation
- [2008] NZACC 105
- Court
- District Court
Prolonged temporary clipping during surgery (total ~40 minutes) constituted a distinct and substantial intervening cause (novus actus interveniens) separate from the appellant's underlying subarachnoid haemorrhage and was not an ordinary or expected consequence of the treatment; the appellant met the evidential threshold and the respondent failed to discharge the evidential onus that the injury fell outside s32, therefore the injury is a treatment injury and the appeal is allowed.