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Notes
Under section 5(2) of the Accident Rehabilitation and Compensation Insurance Act 1992, an adverse consequence of treatment was rare only if the risk of complication was 1% or less. With the change in ACC legislation to treatment injury, the term ‘ordinary consequence of treatment’ became the rule. In other words, if an adverse outcome from treatment was deemed to be a necessary part or ordinary consequence of treatment, it does not qualify as a treatment injury. See section 32(1)(c) of the 2001 ACA, and ACC’s brochure (published in June 2016) on ‘Getting help with an injury caused by treatment’ in the References section.
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I am a Senior Policy Adviser and Researcher at the Medical Council of New Zealand. Before that, I was an Investigator at the Office of the Health and Disability Commissioner. The views expressed in this commentary are my own and are not to be attributed to either organisation.
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Ooi, K. Re: The need for healthcare reforms: is no-fault liability the solution to medical malpractice?. ABR 11, 147–151 (2019). https://doi.org/10.1007/s41649-019-00090-6
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DOI: https://doi.org/10.1007/s41649-019-00090-6