How to File a Claim with ACC for Suspected Harm from a Medical Procedure

While it may be extremely rare, even the best of the best can have a "Bad Hair Day".

The Accident Compensation Corporation (ACC) in New Zealand provides compensation and support for injuries resulting from medical treatments. This cover encompasses complications from vaccines, drugs, or surgical procedures. Filing a claim for a treatment injury involves several steps and may require persistence if there are delays or challenges along the way.

In cases where a medical procedure, like a vaccine or surgery, is suspected to cause harm, your doctor will seldom advise you to proceed. Moreover, the ACC typically dismisses all claims except for the most exceptional ones where the injuries are extremely clear and undeniable. Even then, they usually contest them vigorously. They know that these claimants usually lack the energy to fight for their rights, due to the incapacitating nature of their injuries, often compounded by financial difficulties. The ACC is currently more focused on reducing costs and closing cases rather than providing effective and thorough rehabilitation.

This guide provides a comprehensive overview of the process to help you navigate the system effectively.

Why it is Important That You File a Claim for a Suspected Injury From a Medical Procedure

Cover for costs and compensation for permanent disability

If you suspect you have suffered a rare or unusual complication, or been hurt by a medical procedure for any reason, including incompetence and innocent mistakes, then you should be eligible for cover under the ACC scheme. This cover can include your ongoing treatment costs, lost income — modifications to your home to improve things like access — and then there is the lump-sum payment for suffering and permanent disability.

It is very important that you file a claim, even if you think your injuries are minor, or recovery is proceeding well. Many injuries stall in their healing, then worsen with time, and secondary complications may arise. So, no matter the severity, make sure you create an official record for a potential future pursuit of a claim.

Is the ACC protecting the incompetent and the evil people within the health system?

Is the ACC protecting health professionals, including doctors, who hurt patients or do a poor job? This has always been a concern since the inception of the ACC in the 1970's but things have become far worse over the last few years.

The COVID-19 pandemic used measures like lockdowns, masks, social distancing, and vaccine mandates. They used medical coercion to impose an experimental medical procedure upon around 95 percent of the population. The health system pushed these measures far too hard without enough good research to support the claims that these were truly safe and effective. This has led to a big rise in medical injuries, and the problem is increasing. I know this because our business has seen a big increase in calls for help from people who think they have been hurt by a medical procedure. You can guess which one I am talking about. In all but the rarest of cases of medical harm, there is denial by all in positions of authority, including their doctors.

Nothing to see here!

Are the Ministry of Health, Medsafe, CARM, the ACC, and the NZ Medical Council trying to hide how bad the problem really is?

"Lodged a report with CARM but they don't seem to be able to find it. Feel like there's been gaslighting." 

As long as there is denial and covering up, then matters will not get better — instead they will get worse.

Inaction is not an option. Choosing to do nothing does not imply that nothing will change. On the contrary, inaction guarantees that things will only worsen.

If you have been harmed, then making a claim with the ACC and filing a report with CARM can help bring these issues to light. Each report helps show the true impact of these actions, breaks the silence, and works toward fairness and justice for everyone.

The Issue of Consent by the Patient

Before undergoing a medical procedure, such as surgery or a vaccination, were you properly informed of the risks associated with that procedure? Were your rights to refuse outlined? Was this given in writing and explained verbally to you? Did you sign a consent form agreeing to undergo this procedure?

Under the Nuremberg Code of Medical Ethics, informed consent hinges on a patient being fully aware of the nature, purpose, and potential risks of any medical procedure or research study before agreeing to participate. This rule requires that the person has the legal right to give their permission, that they are free to join and not forced, and that the risks involved are clearly explained and understood. Informed consent acknowledges the patient's autonomy and right to self-determination, ensuring they retain full control over decisions affecting their own body. The Code emerged from trials following World War II to prevent abuses in human experimentation and remains a foundational guideline for ethical research and treatment worldwide.

If you did not give informed consent as per the Nuremberg Code, please include this as a note in your claim with the ACC. While your doctor and the ACC may say this is irrelevant, we shall argue that, at the very least, it is morally relevant, if not legally so.

To see what I have written previously about filing claims with the ACC, and a little about my background with the ACC, here are a few links for you to follow:

• Some of my articles about filing an ACC Claim

• My article about the history of the ACC

File a Claim with CARM While You Are At It

Although I am concerned that it is not working in the best interests of Kiwis, it can be a good idea to file a report with Medsafe's CARM in addition to lodging an ACC claim.

ACC primarily deals with compensating for personal injuries, whereas CARM focuses on monitoring and investigating adverse reactions to medicines and medical devices. By submitting a report to CARM, you contribute to a wider safety net that can help identify and address potential issues with drugs or treatments. This dual approach not only assists you in seeking compensation but also supports national efforts to improve patient safety and prevent further incidents.

Here are some of my articles that relate to CARM and how to file a claim.

Understanding Treatment Injuries

A treatment injury is harm caused by medical treatment rather than the underlying health condition being treated. This can include:

• Complications from surgery or other medical procedures.

• Adverse reactions to medications or vaccines.

• Misdiagnosis or delayed diagnosis leading to harm.

To qualify as a treatment injury, the harm must be unintended and not a necessary or ordinary part of the treatment.

Ensure Records are Accurate and Create a Comprehensive Paper Trail

Ensure there is a paper trail record of every transaction that happens. Your paper trail is your most valuable tool for having a successful claim. Check your medical records to ensure they are accurate and comprehensive.

"The nurse was able to find my discharge info but there is nothing on record to say that I had GBS!"

(GBS refers to Guillain-Barré Syndrome, which, in this case, was paralysis immediately after a vaccination).

Make a Detailed Time Line

Before claiming with the ACC, people should make a timeline of everything that happened before and after the injury. They should include medical records and any other evidence to support this timeline. Like preparing to paint and decorate a house, the key to a good job done, is in the preparation!

Step 1: Visit a Healthcare Provider

To begin the process, consult a healthcare provider (doctor, nurse practitioner, physiotherapist, or other approved provider):

• Explain Your Injury: Clearly describe your symptoms, how they began, and how they relate to the medical procedure or vaccine.

• Provide Supporting Evidence: Share relevant medical records, hospital discharge summaries, or a timeline of events that support your claim.

Step 2: Filing the ACC45 Form

Your healthcare provider is responsible for completing an ACC45 form to lodge the claim with the ACC. Here is what to understand and answer during this step:

Role of the Health Provider (usually your GP)

• The health provider must detail your injury and explicitly link it to the medical procedure or vaccine.

• They should note that the injury is categorised as a treatment injury.

Clarify the Category

• Confirm that the form accurately reflects the cause of your injury. For example:

  
  

  • Vaccine-related injury: Adverse reactions or complications following immunisation.

  • Surgical complication: Harm caused during or after surgery.

  • Misdiagnosis or delayed diagnosis: Injuries resulting from incorrect or delayed medical assessments.

Double-Check the Form

• Ask to review the details before submission to ensure accuracy, including the description of your injury, the timeline of events, and any relevant medical terms.

Step 3: What to Do if Your Dr. Declines to File the Form

I have written about how the Medical Council operates like the Mafia to coerce doctors to toe the line on issues that are best described as ethically dodgy. You can read what I mean here, and bear this in mind all the time when filing a claim with the ACC. Your doctor may not want to get involved, or support your claim. You must be prepared for medical push-back, and insist your claim is filed. Tell your doctor that it is not their job to judge the eligibility of your claim — that is over to the ACC to assess and decide upon. This usually works with getting your Doctor to file the paperwork.

If your healthcare provider refuses to submit the ACC45 form:

• Request an Explanation: Politely ask why they are declining and address any misunderstandings.

• Seek a Second Opinion: Visit another provider, preferably a specialist familiar with your condition.

• Contact ACC Directly: Reach out to ACC at 0800-735-566 for guidance or assistance in finding a provider willing to lodge the claim.

• File a Complaint if Necessary: If you feel the refusal is unjustified, you can contact the Health and Disability Commissioner (HDC).

Step 4: Dealing with Delays in Filing a Claim

There is no strict time limit for filing a treatment injury claim, but delays can complicate the process. To strengthen a retrospective claim:

• Explain the Delay: Provide a clear reason for not filing sooner, such as a delayed diagnosis or focusing on recovery.

• Gather Evidence: Compile medical records, test results, and a detailed personal account of the injury and its impact.

• Act Promptly: File the claim as soon as you recognise the injury as a treatment injury.

Step 5: ACC's Review Process

Once the claim is submitted, the ACC will:

• Assess the Evidence: Review the ACC45 form, medical records, and any additional information.

• Consult Experts: Seek advice from independent medical specialists if needed.

• Notify You of the Outcome: Inform you whether your claim has been approved or declined.

If the claim is approved, ACC may cover:

• Medical treatment and rehabilitation costs.

• Compensation for lost income if you are unable to work.

• Home help and other support services during recovery.

Step 6: What to Do if Your Claim is Declined

If the ACC declines your claim, as they do in most cases (expect them to decline your claim as part of the game they play to minmise claims and their costs):

• Request a Review: Ask the ACC to reconsider the decision and provide additional evidence if possible.

• Seek Expert Opinions: Consult specialists or legal advocates familiar with ACC claims.

• File an Appeal: Pursue an official appeal through the ACC review process.

Key Points to Remember

• The ACC recognises injuries caused by medical treatment but requires clear evidence linking the injury to the procedure or vaccine.

• Accurate and thorough documentation, including medical records and timelines, is crucial.

• If you face challenges, such as a provider's refusal or a delayed claim, seek assistance from the ACC or consult other healthcare professionals.

• Prompt action can improve the likelihood of a successful claim, but retrospective claims are possible with sufficient evidence.

Be Strong and Be Persistent!

Filing a claim for a medical injury may feel daunting, but understanding the process and being proactive in gathering evidence can ensure your voice is heard and your needs are addressed.

If in doubt, contact ACC's Treatment Injury Team for support. If you feel you are not being properly and fairly served, drop me a message via this website and I may be able to help.

One final thing: Across every facet of our lives, particularly in matters of health, there exists a deliberate and pernicious effort to erode our self-assurance and compel us to blindly defer to the opinions of "experts." This erroneous approach must be vehemently rejected. I implore you to cultivate confidence in your own abilities and tap into the depths of your inner voice — your reservoir of intrinsic wisdom. Critically evaluate whether the advice you receive resonates with the depths of your inner wisdom. If your gut instinct opposes the prescribed course of action, especially when faced with dismissive reassurances of "Nothing to see here," then pause and reflect. Summon the courage to act in accordance with your profound understanding of what is truly right. Resist the temptation to blindly follow the flock — dare to be an individual and assert your agency.

File that claim, even if the experts say there is nothing to see here!