i-law

Liability Risk and Insurance

Exemplary damages in medical negligence

A woman who developed cancer, after misreporting of cervical smear analysis by a pathologist, appealed against refusal to grant her a retrial of claim for exemplary damages after new evidence emerged showing the pathologists gross incompetence. Allowing the appeal, the law lords held that the New Zealand Court of Appeal were wrong to restrict claims for exemplary damages to cases of intentional and consciously reckless conduct.

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