Spina Bifida Diagnosis and Accident Compensation

The New Zealand Supreme Court has ruled that a woman who gave birth to a child with spina bifida is entitled to accident compensation because the condition should have been detected during a scan at 20 weeks into the pregnancy, and the mother would have terminated the pregnancy had the diagnosis been made.

Spina bifida is a birth defect that occurs when the spine does not develop properly, and can result in paralysis.

The mother qualified for accident compensation for the period between the failed scan and the birth.

In 2019, a claim was made on behalf of the woman, arguing that she was entitled to cover for personal injury in her own right, but this was rejected by the Accident Compensation Corporation (ACC).

The decision was upheld on review and on appeal to the District Court, but the High Court ruled in favour of the woman.

The Supreme Court's decision is binding and sets a precedent.