Misdiagnosis, surgical error, delayed treatment. Bands on this page show typical settlement values for medical negligence cases across the relevant severity tiers; each names its source or is marked as a MyClaimWorth estimate. The position within a band depends on facts the page can't see: severity, prognosis, recovery time, the strength of medical evidence, and any percentage of fault attributed to the claimant under New Zealand's comparative-fault rule.
★ typical band · NZ
ACC treatment-injury cover, no negligence claim
Medical negligence (treatment injury)
Treatment injury is covered by ACC without proving fault; the statutory bar on suing applies here too.
★ statute of limitations
Time limits for claim and review actions vary by entitlement
Accident Compensation Act 2001
Claims for cover should be lodged as soon as practicable. Reviews of decisions must be lodged within 3 months. Common-law residual claims follow Limitation Act 2010.
★ fault allocation
No-fault, fault is not a relevant consideration for cover
ACC pays regardless of fault. Outside ACC scope (rare), Limitation Act 2010 contributory-negligence rules apply to surviving common-law claims.
★ caps that bear on this injury
What caps recovery.
Statutory caps and ceilings that apply to medical negligence damages in New Zealand.
Permanent impairment lump sum cap
ACC cover
Maximum lump sum ~NZ$182,484 (2024) for 80% impairment+
Lump sums payable for 10%+ whole-person impairment; bands published annually by ACC.
Weekly compensation
ACC earners with lost income
80% of pre-injury earnings, capped at maximum weekly earnings figure (~NZ$2,500/wk in 2024)
Tax applies to weekly compensation as it would to wages.
★ NZ · procedural pathway
From injury to settlement.
The steps a medical negligence claim moves through under New Zealand law, from medical stability to settlement.
1
Lodge ACC claim
A treating medical practitioner lodges the claim. Most personal-injury claims are accepted automatically.
2
Cover decision
ACC determines whether the injury falls within cover. Treatment is generally provided pending the decision.
3
Entitlements
Once cover is confirmed, ACC processes weekly compensation, treatment, rehabilitation, and lump-sum entitlements as they accrue.
4
Review
Claimant can seek a review of any ACC decision within 3 months. Reviews are heard by an independent reviewer.
5
Appeal
A review decision can be appealed to the District Court. Further appeals to High Court and beyond on points of law.
★ medical negligence bands · all 15 jurisdictions
Compare to other countries.
How this injury values across the other jurisdictions on the site. Click any country to read the deeper context.
Valued on the JC Guidelines bracket for the resulting injuryClinical-negligence claims are valued on outcome; NHS Resolution handles most claims in England.
Clinical-negligence claims are valued on outcome; NHS Resolution handles most claims in England.
Each answer stands on its own and draws on the documents named on this page.
How much is a medical negligence claim worth in New Zealand?
The band table on this page shows medical negligence values in New Zealand by severity. The most severe matching band is ACC treatment-injury cover, no negligence claim, Treatment injury is covered by ACC without proving fault; the statutory bar on suing applies here too.. The exact figure within the band depends on severity, prognosis, recovery time, the medical paper trail, and any percentage of fault attributed to the claimant under New Zealand's comparative-fault rule.
What is the statute of limitations for medical negligence claims in New Zealand?
Time limits for claim and review actions vary by entitlement. Source: Accident Compensation Act 2001. Claims for cover should be lodged as soon as practicable. Reviews of decisions must be lodged within 3 months. Common-law residual claims follow Limitation Act 2010.
Does fault allocation reduce a medical negligence settlement in New Zealand?
ACC pays regardless of fault. Outside ACC scope (rare), Limitation Act 2010 contributory-negligence rules apply to surviving common-law claims. Reductions are calculated as a percentage of the total damages award before any cap is applied.
Are there caps on medical negligence damages in New Zealand?
Yes — New Zealand applies the following caps that bear on medical negligence claims: Permanent impairment lump sum cap; Weekly compensation. See the caps section on this page for the figures and the conditions under which each applies.
How long does a New Zealand medical negligence case take to resolve?
Soft-tissue presentations commonly resolve within 6 to 12 months from medical stability. Complex cases with surgery or contested liability routinely take 18 to 36 months. Cases that proceed to trial commonly take 2 to 5 years. The procedural pathway on this page sets out the typical milestones in New Zealand.
Is settlement preferable to trial for a medical negligence claim in New Zealand?
For most New Zealand medical negligence claimants, yes. The vast majority of personal-injury cases settle before trial. Settlement provides certainty, removes appeal risk, and resolves faster. Trial is appropriate where liability is genuinely contested or where the defendant's insurer is unrealistic about quantum given the published authority.
Numbers on this page are starting points, not quotes for any specific case. For representation, consult a solicitor or attorney qualified in New Zealand. See /methodology for how each band is derived, /sources for the standing authority list, and /disclaimer for the scope statement.
