Just wondering about the laws in regards to negligence. My mother in law passed away mid March at hospital and the

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Customer: Hi
JA: Hi. How can I help?
Customer: Just wondering about the laws in regards ***** *****
JA: What state is this in? It matters because laws vary by location.
Customer: My mother in law passed away mid March at hospital and the hospital have acknowledged fault by way of negligence and providing the wrong care and treatment and also acknowledged that she would still be alive today of the right treatment was administered.
JA: What steps has she taken so far?
Customer: This happen ed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This happened in New Zealand, wanganui hospital. North island
Answered by Chris The Lawyer in 11 mins 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Under New Zealand law you cannot bring a claim for personal injury by accident because it is covered by ACC. In addition, you cannot bring a claim after someone has died. The best in this situation is to make a complaint to the Health and Disability Commissioner, who will not order compensation but may make adverse findings against the DHB and the medical professionals

Customer
the story is that my mother in law went to hospital to be put on a nebulizer as she normally did every few weeks.
This time she went in and had a long wait until they pit her on oxygen and gave her a lot of oxygen to much which has been admitted. With this she went into cardiac arrest and they worked on her for approx 20 minutes.
They brought her back but she was unconscious. She stayed in hospital for approx another 2 weeks still not conscious until she passed.The family has had a meeting with the hospital, this meeting has been recorded and in this meeting they admitted fault, they admitted she was treated wrongly and they admitted she would still be alive today if she was put on a nebulizer and not oxygen.
Customer
After they worked on her for approx 20 minutes she was classed as brain dead
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Chris The Lawyer, Expert

In Australia you could sue the DHB and medical professionals. but not in New Zealand. This must have been a terrible experience for you, but unfortunately under New Zealand law there is not much which can be done apart from the complaint. They don't have the power to make any award for the pain and suffering which she had to undertake normal for you. The complaint is sometimes helpful to make sure that they learn from this experience however

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