Baker Theo
Office of the Health and Disability Commissioner, New Zealand.
J Law Med. 2008 Aug;16(1):85-102.
In New Zealand where there is a statutory bar on the right to sue for compensatory damages arising out of personal injury, and therefore injury arising out of negligent health care, the Human Rights Review Tribunal, in certain circumstances, provides relief for people who are aggrieved by the care they have received from a provider of a health or disability service. That relief may range from a declaration that the provider has breached the Code of Health and Disability Services Consumers' Rights to awards of compensatory and exemplary damages. The article explores the use of this tribunal by the Director of Proceedings of the Office of the Health and Disability Commissioner in holding providers of health and disability services accountable and obtaining relief for consumers and their families.
在新西兰,对于因人身伤害(包括因医疗疏忽导致的伤害)而提起的要求获得赔偿性损害赔偿的诉讼权利,存在法定限制。在此情况下,人权审查法庭会在某些情形下,为那些因接受健康或残疾服务提供者的护理而感到受侵害的人提供救济。这种救济范围可能从宣布提供者违反了《健康与残疾服务消费者权利准则》到判给赔偿性和惩戒性损害赔偿。本文探讨了健康与残疾专员办公室的诉讼主任如何利用该法庭,追究健康与残疾服务提供者的责任,并为消费者及其家庭争取救济。