Later this year, the Court of Appeal will consider the proper interpretation of the treatment injury regime in the Accident Compensation Act 2001 in Adlam v ACC.
The case concerns Jeremy Adlam's claim for cover for an injury suffered during his birth. ACC's decision to decline cover for treatment injury has been reviewed by both the District Court (which found, applying a hindsight analysis, that earlier intervention would have provided a positive outcome for Jeremy) and the High Court (which found in favour of ACC). The High Court considered that there was not a "failure to treat" (for the purposes of treatment injury cover) in circumstances where there are no observable clinical indications for a different course of treatment. The High Court has granted leave to appeal this decision, acknowledging the "general public importance" of determining the proper approach to take in treatment injury cases.
An appeal has been lodged with the Court of Appeal, and is set down to be heard on 6 April 2017. We will keep you updated regarding the Court of Appeal decision.