Lawyers for Gisborne pathologist Dr Michael Bottrill have gone to the Court of Appeal today to overturn a decision allowing a retrial by a former patient.
The woman, whose name is suppressed, unsuccessfully sued Dr Michael Bottrill for exemplary damages after developing invasive cervical cancer and undergoing a radical hysterectomy.
She alleged in the High Court at Auckland that Dr Bottrill had been grossly negligent in his reading of several cervical smear slides.
The High Court decided she could sue for alleged gross negligence but Dr Bottrill's lawyers have appealed to the Court of Appeal.
Today, five justices, headed by Sir Ivor Richardson, began hearing the case in Wellington.
The hearing is set for the whole day and any decision is likely to be reserved.
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