all you lawyers out there...advise please
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Topic: all you lawyers out there...advise please
Posted By: jack_&_charli
Subject: all you lawyers out there...advise please
Date Posted: 19 March 2008 at 5:43pm
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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  ------------- http://www.alternatickers.com"> 
http://lilypie.com"> 
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Replies:
Posted By: jack_&_charli
Date 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! ------------- http://www.alternatickers.com">
http://lilypie.com">
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Posted By: Bombshell
Date Posted: 19 March 2008 at 8:03pm
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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???? |
Posted By: jack_&_charli
Date Posted: 19 March 2008 at 9:15pm
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 ------------- http://www.alternatickers.com">
http://lilypie.com">
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Bombshell wrote:Posted By: nikkitheknitter
Date Posted: 19 March 2008 at 9:49pm
| http://www.acc.co.nz/claims-and-care/getting-help-from-acc/WCMZ003409?ssSourceNodeId=3891&ssSourceSiteId=1494 - "Treatment Injury Claim" from ACC website |
Posted By: linda
Date Posted: 19 March 2008 at 10:05pm
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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! |
Posted By: fire_engine
Date Posted: 20 March 2008 at 8:17am
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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 |
Posted By: jack_&_charli
Date Posted: 20 March 2008 at 8:21am
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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 ------------- http://www.alternatickers.com">
http://lilypie.com">
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Posted By: nikkitheknitter
Date 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. |