Your trusted CPD partner


ACC - treatment injury claims 2023

Judge Henare PECK Brittany-46 SARA Peter
Her Honour Judge Denese Henare,
District Court
Brittany Peck
John Miller Law
Peter Sara
Peter Sara Lawyer

Authors: Her Honour Judge Denese Henare, Brittany Peck, Peter Sara
Published: 6 September 2023
Pages: 60


Personal injury as a result of treatment (iatrogenic injury) is one of the six heads of cover in the Accident Compensation scheme. Claims are often complicated legally as well as factually. There may be significant entitlements are at stake, which will be funded from the Treatment Injury Account. And despite the no-fault principle, there can be a lot of sensitivity around the evidence required from medical professionals, with accompanying blame, grief and ongoing distress experienced by the claimants. The injuries are often life-changing events, and may even involve the death of a loved one.

Therefore, it is often these claims that people seek expert legal advice on. As such, lawyers acting for claimants in this area need to draw upon a wide array of skills, including: analysis of complex medical reports; connecting complex evidence to the legislation through the lens of the strong social policy purpose underpinning it; liaising with busy and overworked medical professionals; digesting volumes of medical records; and explaining to clients who have suffered significant health impacts why they will not qualify for cover when someone they know with the same health condition does.

By undertaking this work, claimant lawyers make a significant contribution to ensuring that the scheme is exercised in line with its purpose – a purpose that can be lost amidst the bureaucratic administration of the scheme by a large Crown Entity, with thousands of employees, many contracted providers, and millions of new claims every year. (Continued...)

Content outline

  • Medical misadventure
  • Treatment injury
  • Exclusions
  • Clinical trials
  • Secondary injury from infection
  • Date of injury
  • Some specific categories of treatment injury
  • Initial assessment and conversation with client
  • Costs and funding 
  • Experts and evidence
  • Timeframes
  • Professional health and safety
View contents page

You might also be interested in ...

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press ‘save’ after adding each new registrant.

Proceed to Checkout

An Employee in 2023?

Publication Date: 01-May-2023

Authors: John Hannan, Ashley-Jayne (AJ) Lodge, Paul McBride


Multiple Registration

ACC Fundamentals

Publication Date: 10-Mar-2021

Authors: Hazel Armstrong, Peter Sara


Multiple Registration
freephone (within NZ)
0800 333 111

[email protected]

04 472 7837
Level 4, 17-21 Whitmore Street
Wellington 6011

DX SP 20202
PO Box 5041
Wellington 6140
New Zealand