Beyond Misadventure: Compensation for Medical Injuries in New Zealand

Research output: Contribution to journalArticle (Academic Journal)peer-review

14 Citations (Scopus)

Abstract

The Injury Prevention, Rehabilitation and Compensation Amendment Act (No. 2) 2005 effected major changes to those provisions of the New Zealand no-fault accident compensation scheme which deal with adverse outcomes of medical treatment. The former statutory concept of "medical misadventure" has been replaced by a new concept of "treatment injury". The reform reflects broader developments in strategies for injury prevention, and casts light on the nature of the state's responsibility for unintended injury. This paper considers the background to the reform and its implementation, evaluates its effect, and concludes with a discussion of its broader significance.
Translated title of the contributionBeyond Misadventure: Compensation for Medical Injuries in New Zealand
Original languageEnglish
Pages (from-to)357 - 391
Number of pages35
JournalMedical Law Review
Volume15 (3)
DOIs
Publication statusPublished - Sep 2007

Bibliographical note

Publisher: Oxford University Press

Structured keywords

  • LAW Centre for Health Law and Society

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