Court of Appeal Wellington
CA736/2021
16 March; 6 December 2023
Cooper P, Collins and Mallon JJ
CA736/2021
16 March; 6 December 2023
Cooper P, Collins and Mallon JJ
Accident compensation — Cover — Treatment injury — Claimant born with spina bifida — Misdiagnosis at 20-week scan — Lost opportunity to terminate pregnancy — Ability of foetus to receive medical treatment — Treatment and treatment injury — Legislative history — Failure of medical intervention as “treatment” — Causation — Whether spina bifida wholly or substantially caused by gradual process, disease, or infection — End of Life Choice Act 2019 s 20.
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