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Green v Matheson

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Decided
  
27 October 1989

End date
  
October 27, 1989

Green v Matheson

Full case name
  
George Herbert Green v Veronica Clare Matheson

Citation(s)
  
[1989] NZCA 195; [1989] 3 NZLR 564; [1990] NZAR 49

Transcript(s)
  
Court of Appeal judgment

Judge(s) sitting
  
Cooke P, Somers J, Casey J, Hardie Boys, Wylie J

Ruling court
  
Court of Appeal of New Zealand

Green v Matheson [1989] NZCA 195; [1989] 3 NZLR 564; [1990] NZAR 49 is a cited case in New Zealand regarding compensation for medical misadventure.

Contents

Background

Matheson was a victim of the "unfortunate experiment" at the National Women's Hospital. Doctor Green was her gynaecologist. Barred by the Accident Compensation Act to sue for negligence, she sued instead for trespass to her person.

Held

The Court of Appeal sitting as a bench of 5, ruled that her claim came under the term of medical misadventure, which was barred under the Act

References

Green v Matheson Wikipedia