The anomaly of failed sterilisations

A Court of Appeal decision has left healthcare practitioners open to the risk of compensation claims as a result of failed sterilisations.

Members in New Zealand will be aware from recent media coverage that several women are suing to have doctors or hospitals help pay for the costs of raising children born after sterilisation operations failed. This development follows a 2008 Court of Appeal decision where the court reversed a High Court decision and concluded that ACC cover does not extend to these circumstances. 

MPS has considerable concern that if this Court of Appeal decision is not reversed on appeal then an anomaly exists in the ACC statutory scheme, whereby in certain circumstances health practitioners are exposed to the risk of a claim for compensatory damages secondary to an unwanted pregnancy.

The issues surrounding this will be explored in more detail within the September edition of Casebook.