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 The former statutory concept of "medical misadventure" has been replaced by a new concept of "treatment injury".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 contribution | Beyond Misadventure: Compensation for Medical Injuries in New Zealand |
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Original language | English |
Pages (from-to) | 357 - 391 |
Number of pages | 35 |
Journal | Medical Law Review |
Volume | 15 (3) |
DOIs | |
Publication status | Published - Sept 2007 |
Bibliographical note
Publisher: Oxford University PressResearch Groups and Themes
- Centre for Health, Law and Society