A Wairarapa couple can pursue a claim for damages of up to $200,000 against obstetrician Jeffrey Harrild over the 1997 death of their unborn baby, after a High Court ruling in Wellington this week.
Craig and Amanda MacLeod allege that Dr Harrild failed in his management of Mrs MacLeod's pregnancy at
Masterton Hospital.
Dr Harrild appealed against a decision by the Complaints Review Tribunal that the death of the couple's unborn child was not covered by ACC, opening the way for the case to proceed. If the case is successful it would be only the second time the tribunal, renamed the Human Rights Review Tribunal, has awarded medical damages against a doctor.
It had concluded that Mrs MacLeod had not suffered a physical injury by the stillbirth of her baby and so was not covered by ACC.
Chris Hodson, QC, appearing for Dr Harrild, appealed, saying an injury to a foetus was an injury to a mother.
Justices John Wild and Ronald Young turned down the appeal.
The tribunal can award up to $200,000 damages.
- NZPA
