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ACC not accepting an overseas diagnosis

#1 User is offline   Kia Kaha 

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Posted 05 November 2021 - 08:59 PM

I have a treatment injury claim ongoing for a spinal cord injury sustained from an epidural injection during childbirth.
The injury sustained has caused a condition which is classified as a rare disease, and totally not expected as a normal part of treatment.

In mid 2013 I made a Treatment Injury Claim, which was denied in January 2014.
It went to Fairway Resolution in late 2014, which was a disaster due to a useless lawyer, and biased consideration by the adjudicator.
I then filed for a District Court Hearing in 2015, and I took on a high profile ACC lawyer to represent me.
My claim has been dragging on for eight years now with unbelievable frustrating games from ACC.

Every ACC consultant contracted by ACC against my case has had next to no clue what the condition is (Adhesive Arachnoiditis), that developed from my epidural injury, and amongst many questionable omissions from my medical files, have proceeded to use a severely flawed diagnostic criteria from one single obscure medical paper. All in order, I assume, for them to claim that my symptoms don't fit.

To support my case I have been searching for a medical professional in New Zealand for eight years who has enough knowledge about the condition to enable them to diagnose it, and a neuroradiologist experienced in identifying the radiological signs of the damage on a MRI, which are difficult to pick up unless you know what you are looking for, i.e.; have experience identifying it.
This is in order to gain a diagnosis from within New Zealand to support my claim. No luck. NZ is a relatively small country with a limited pool of expertise, especially with rare conditions.

So I was forced to obtain a full medical review and subsequent diagnosis from overseas. My research took me to THE world expert, who was willing to do a full medical review, at considerable cost. He diagnosed the condition. The Dr has even been cited by a Ministry of Health report compiled by the NZHTA, as one of just a few experts in the world. As well as his expertise being incorporated into exam questions for a NZQA tertiary exam.
ACC refuse to accept his Medical Review and diagnosis, because he is 'overseas'.

I also obtained a neuroradiologist MRI diagnosis from Europe's top diagnostic neuroradiologist. An Emitrius Professor at the University Hospital of Vienna, and President of the European Radiology Association. They did not accept that one, because according to ACC "She did not examine me".

When did any kind of radiologist ever have to physically examine a patient?

I have made a series of calls to the Health and Disability Commissioner, and the Medical Association of New Zealand, asking if there is any legislation that prevents an overseas medical diagnosis or opinion void in New Zealand. I am advised there is no such legislation.

I requested at least half a dozen times for my own lawyer to question ACC over not accepting the overseas medical opinions. He literally ignored me completely, and never acted on my instructions to get a response from ACC. (I have fired my lawyer in May this year after 7 + years of minimal progress)
I am now representing myself, so therefore I am asking for advice from this forum.

I sincerely hope someone here can offer me some insight.
I do have other questions I'd like to ask, but will put them forward in a seperate thread so as not to confuse this issue.

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