After a routine procedure I developed a serious infection and complications, and I believe the surgeon did not follow proper practice. I have heard that New Zealanders cannot sue doctors. What options do I have if I think I was harmed by treatment?
In New Zealand, most personal injury caused by medical treatment is covered by the ACC scheme under the Accident Compensation Act 2001 as a treatment injury, on a no-fault basis. That means you can receive treatment, rehabilitation and weekly compensation without proving negligence, but you generally cannot sue the practitioner for compensatory damages. To claim, ask your GP or hospital to lodge an ACC claim. Separately, you can complain to the Health and Disability Commissioner, who can investigate whether the provider breached the Code of Health and Disability Services Consumers' Rights, and refer concerns to the Medical Council or the Director of Proceedings. Keep your medical records, and request them under the Privacy Act 2020 if you do not have copies.
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