15 April 2011

ACC doctor drops lawsuit against sex abuse victim

An article from Stuff by Andrea Vance
A senior ACC doctor is to drop a $250,000 lawsuit against a sexual abuse victim, ACC Minister Nick Smith says.
The woman, who blogs under the name Jax, says she was denied counselling for sexual abuse, and posted comments about Sensitive Claims Unit senior medical adviser Peter Jansen on a website.
Earlier this month she received a letter from Dr Jansen's lawyer warning they had begun High Court proceedings because her postings caused "considerable embarrassment and distress".
However, Dr Smith this morning told Radio New Zealand Dr Jansen would not be continuing with the action.
Dr Smith said the doctor's lawyers had written to the woman in December, asking for the comments to be removed from the website.
"The material was still up this week and that is what led Dr Jansen's lawyers to take action," he said.
"I spoke with Dr Jansen last night, he noted that the material had subsequently been taken down from the web, he has said that he will be withdrawing the legal action," Dr Smith said.
However the comments could still be found on the internet this morning, and Jax told RNZ she had no intention of taking them down. She said she was considering suing Dr Jansen.
Labour list MP Carmel Sepuloni brought the case to the attention of Dr Smith yesterday during parliamentary questions.
On her website, Jax says she has had more than a decade of counselling. She reapplied to ACC for more counselling in 2009. After an assessment, she says she was diagnosed with post-traumatic stress disorder but did not receive any further help.
And she says she is "formally in hiding" because of a pending historical sex abuse court case.
Ms Sepuloni asked Health Minister Tony Ryall, who was standing in for Dr Smith, if the ACC minister would investigate.
"Does he think fair treatment includes a senior medical adviser at ACC, Dr Peter Jansen, suing an ACC claimant, a victim of sexual abuse, for $250,000 for speaking her mind on a blog about the appalling treatment of sexual abuse victims under his watch?" she asked.
Jax says her blog has only 15 followers. "So let me see if I get this straight ... a blog of 15 followers has done more than $250,000 worth of damage to a man who has never granted a single woman seeking compensation for sexual abuse a mere percentage of that amount?"
ACC restricted funding to only those with a diagnosed mental injury resulting from sexual abuse. After a public outcry, it partly reversed the move and said those who had a new "sensitive claim" or were awaiting a decision could have up to 16 hours with a counsellor.
A spokesman for Dr Smith was not aware of the legal action until yesterday and had asked for an "urgent report".
ACC said Dr Jansen was funding the legal fight himself.
© 2011 Fairfax New Zealand Limited
http://www.stuff.co.nz/national/politics/4890377/ACC-doctor-files-lawsuit-against-sex-abuse-victim

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