Iatrogenic Injury Compensation

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Abstract
The Royal Commission on Civil Liability and Compensation for Personal Injury is expected to report early in 1977. The injuries suffered at the hands of doctors constitute a very small proportion of the total number of injuries, but, by their very nature, have features that distinguish them from accidents on the road, in the factory and in the home. There is an obvious danger that iatrogenic injury, being such a comparatively small issue, may not receive from the Royal Commission and from any subsequent legislation adequate recognition of its unique features. The New Zealand Accident Compensation Act came into operation on 1 April, 1974, but the difficulties of handling cases of medical misadventure are only now becoming apparent. This paper outlines the various methods by which iatrogenic injury might be compensated, considers their pros and cons, and emphasizes the need for individual treatment of this particular facet of injury compensation.

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