DOES WOODS HAVE A CASE?

Well-known ACC lawyer John Miller said Woods should in the first instance file an ACC claim about Collinson’s year-long delay in receiving his test results because of an IT error.

“That way they could independently investigate whether her partner could still be alive if it wasn’t for the error.”

Miller said if this could be proven, Woods could be entitled to the following:

■ Five years of weekly compensation based on 60 per cent of her late partner’s earnings.

■ A $6000 lump sum payment.

■ About $7000 to cover funeral costs.

Miller said there had been plenty of cases where a delayed diagnosis has been covered by ACC on the basis that if the cancer had been noticed that person wouldn’t be dead because they would have started treatment right away.

He said if it could not be proven that Collinson could still be alive then it was unlikely she could get ACC coverage and her next option would be to sue the DHB for negligence.

In regards to the misreporting of Woods’ brain aneurysm, Miller said it was unlikely she could get ACC coverage as there was no harm or financial loss.

“It would be a different story if her brain aneurysm had grown. Again, she could sue the DHB for negligence but the cost of that was about $20,000 and there was no guarantee any entitlement would be recovered.”