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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22302
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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An I ask froma DHB and an eye specialist ?

Customer Question

an I ask for compensation froma DHB and an eye specialist ? I was misdiagnosed for 5 years. ACC agree I was misdiagnosed but say that the outcome (cancer of the eye muscle) would have been the same if diagnosed early.
However in that 5 years I had an operation that was proved to be unnecessary, I was given huge amounts of steroids which ultimately I did not need and then I paid for a second opinion a CT scan and a biopsy to get the right diagnosis.
I feel the specialist needs to be held accountable and the DHB or the specialist pay for my time off work in that time, the private consultation and the biopsy operation.
Kind regards,
Maureen Crosbie
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
If ACC make a decision which you consider was wrong, then you can challenge the decision by a review which is done through Fairwayresolution Ltd. The reviewer will consider your evidence and any expert medical evidence, and consider whether you should have been on ACC. This however only affects earnings related compensation for your lost wages and would not get you any lump sum compensation. The ACC scheme means that you cannot sue a doctor or hospital board for medical negligence, because the ACC scheme specifically abolishes the right to sue for personal injury cases.You can however complain to the Health and Disability Commissioner, who will independently investigate the treatment and diagnosis and mistakes. If they consider that the specialist did make mistakes, they will certainly deliver a ruling, and the medical specialists are affected, and sometimes disciplined as a result. They cannot however award financial compensation.

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