'Sterilised' woman who became pregnant unable to sue surgeon

File photo / Thinkstock
File photo / Thinkstock

A woman who became pregnant, despite having her tubes tied, has been allowed to take her case to the Supreme Court.

The Supreme Court issued its unanimous decision today to allow the woman to seek cover from ACC.

However, the court also ruled that she was not able to sue the surgeon who performed the operation or the Manukau District Health Board which employed the surgeon.

The court heard how the woman had an operation in 2004 to have her tubes tied.

One year later she gave birth to a child.

The woman took her case to the High Court, Court of Appeal and now the Supreme Court.

The Supreme Court ruled today that the operation constituted a personal injury and should therefore be covered by ACC.

As a consequence, that allowed her to seek cover from ACC.


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