New Posts New Posts RSS Feed - all you lawyers out there...advise please
  FAQ FAQ  Forum Search   Events   Register Register  Login Login


Forum Lockedall you lawyers out there...advise please

 Post Reply Post Reply
Author
jack_&_charli View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: christchurch
Points: 7155
Post Options Post Options   Thanks (0) Thanks(0)   Quote jack_&_charli Quote  Post ReplyReply Direct Link To This Post Topic: all you lawyers out there...advise please
    Posted: 19 March 2008 at 5:43pm
when charli was a baby she had a sweat test to see if she had cystic fibrosis. this was done by sending small electric currents into her arms to get her sweat glands to produce sweat to test. in the process, both her arms got burnt, which is an extremely unlikely thing to happen but traumatic none-the-less.

now, my DH wants to 'sue' the hospital for scarring her arms. one is quite deep so she's most likely got it for life, the other one is definately noticeable, but not as much.

my question is....can we do this? is it likely to go in our favour or is he just kidding himself?

any advise appreciated...thanks

Back to Top
Sponsored Links


Back to Top
jack_&_charli View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: christchurch
Points: 7155
Post Options Post Options   Thanks (0) Thanks(0)   Quote jack_&_charli Quote  Post ReplyReply Direct Link To This Post Posted: 19 March 2008 at 5:44pm
oh and after that, the tests came back in-conclusive because they didn't get enough sweat. desipte wearing about 4 layers of clothing incl thermals and being wrapped in a thick blanket
i refused to re-test her!

Back to Top
Bombshell View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Points: 6665
Post Options Post Options   Thanks (0) Thanks(0)   Quote Bombshell Quote  Post ReplyReply Direct Link To This Post Posted: 19 March 2008 at 8:03pm
ummmm i would say you would need to go through the hospital complaint process in any event and then also lodge an ACC form for medical misadventure etc...

if they are refused on that then possibly could sue but not sure what your damages would be??? what is the worth of her scar???

there are some medical specialist lawyers out there....call the law society in your local area and get names to call them and see...or get DH to do it...he will be more persuasive IF there is anything to pursuade? Im not convinced but who knows????
Back to Top
jack_&_charli View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: christchurch
Points: 7155
Post Options Post Options   Thanks (0) Thanks(0)   Quote jack_&_charli Quote  Post ReplyReply Direct Link To This Post Posted: 19 March 2008 at 9:15pm
Originally posted by Bombshell Bombshell wrote:

or get DH to do it...he will be more persuasive IF there is anything to pursuade? Im not convinced but who knows????


i'll get him to do it as he's the one that thinks we should! i'm not bothered, as i think it's probably a waste of time

thanks BS

Back to Top
nikkitheknitter View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: Westie
Points: 7556
Post Options Post Options   Thanks (0) Thanks(0)   Quote nikkitheknitter Quote  Post ReplyReply Direct Link To This Post Posted: 19 March 2008 at 9:49pm
Back to Top
linda View Drop Down
Senior Member
Senior Member
Avatar

Joined: 02 September 2003
Points: 1211
Post Options Post Options   Thanks (0) Thanks(0)   Quote linda Quote  Post ReplyReply Direct Link To This Post Posted: 19 March 2008 at 10:05pm
DH is a lawyer...and he said the following:-

ACC bar excludes actions against health providers. The only thing they could sue for is exemplary damages (only for outragous conduct...eg surgeon being drunk while doing operation).

Could lodge a claim with ACC as a treatment injury and it would probably be accepted and that would cover any GP visits relating to the burns, medication, skin grafts...things like that.

You cannot sue a health professional in NZ but you could make a complaint to the health and dissabiility commissioner.

Lawyer spoke, I typed so hopefully I got it right...if not, sorry!
Back to Top
fire_engine View Drop Down
Senior Member
Senior Member


Joined: 03 November 2007
Points: 6260
Post Options Post Options   Thanks (0) Thanks(0)   Quote fire_engine Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2008 at 8:17am
I'm with Linda. You can definitely try and make an ACC claim but can't sue the hospital. ACC's decision would be based on things like the likelihood of it happening, how risks were explained etc.....
Mum to two wee boys
Back to Top
jack_&_charli View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: christchurch
Points: 7155
Post Options Post Options   Thanks (0) Thanks(0)   Quote jack_&_charli Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2008 at 8:21am
right well thank you for your replies ladies   i'll show DH this post and he can get in touch with ACC if he wants to

Back to Top
nikkitheknitter View Drop Down
Senior Member
Senior Member
Avatar

Joined: 01 January 1900
Location: Westie
Points: 7556
Post Options Post Options   Thanks (0) Thanks(0)   Quote nikkitheknitter Quote  Post ReplyReply Direct Link To This Post Posted: 20 March 2008 at 12:32pm
Do read that Treatment Injury website - from what I read, it does seem likely that you could get an ACC payout for it.
Back to Top
 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Forum Software by Web Wiz Forums® version 12.05
Copyright ©2001-2022 Web Wiz Ltd.

This page was generated in 1.938 seconds.