Green v Matheson explained

Green v Matheson
Court:Court of Appeal of New Zealand
Date Decided:27 October 1989
Full Name:George Herbert Green v Veronica Clare Matheson
Citations:[1989] NZCA 195; [1989] 3 NZLR 564; [1990] NZAR 49
Judges:Cooke P, Somers J, Casey J, Hardie Boys, Wylie J
Transcripts:Court of Appeal judgment
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

Matheson was a victim of the "unfortunate experiment" at the National Women's Hospital, which was investigated by the Cartwright Inquiry. 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

Notes and References

  1. Book: Butterworths Student Companion Torts . 4th . McLay . Geoff . LexisNexis . 0-408-71686-X. 2003 .