Green v Matheson

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Green v Matheson
Coat of arms of New Zealand.svg
Court Court of Appeal of New Zealand
Full case name George Herbert Green v Veronica Clare Matheson
Decided 27 October 1989
Citation(s) [1989] NZCA 195; [1989] 3 NZLR 564; [1990] NZAR 49
Transcript(s) Court of Appeal judgment
Court membership
Judge(s) sitting Cooke P, Somers J, Casey J, Hardie Boys, Wylie J
Keywords
negligence

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.[1]

Background[edit]

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[edit]

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[edit]

  1. ^ McLay, Geoff (2003). Butterworths Student Companion Torts (4th ed.). LexisNexis. ISBN 0-408-71686-X.