KEY POINTS:
A woman who had an unwanted pregnancy after having her fallopian tubes tied has been denied compensation.
The woman gave birth in 2004 and her baby needs ongoing medical treatment.
She sought compensation from ACC on the grounds that she had suffered an injury by becoming pregnant but the cover was turned down.
Previously, the District Court and High Court both concluded that the woman was eligible for compensation.
However, ACC took the case to the Court of Appeal where a judge ruled that an unwanted pregnancy did not constitute an injury under the legislation governing ACC.
"If a medical misadventure had not resulted in an injury, there would not be cover and that is in effect what occurs in the case of a pregnancy, albeit unwanted," it said.
- NZPA / NZHERALD STAFF
