The ACC doctor who is suing a sexual abuse victim for $250,000 over critical comments on the internet says he will withdraw the action if there is a public apology.Copyright 2011 APN Holdings NZ Limited
Dr Peter Jansen - a sensitive claims clinician with ACC - is suing a sex abuse victim who posted critical comments about him on the web. He had sought $200,000 in general damages, and an additional $50,000 in aggravated damages.
His statement of claim to the High Court alleged the post was "false and defamatory" and as a result Dr Jansen was "greatly injured in his professional and personal reputation, has been exposed and held up to ridicule and contempt and has been seriously injured in his reputation and character".
In a statement issued by his lawyer, Mr Jansen said the issue was his professional reputation, not money. Dr Jansen denied the accusation made by MP Carmel Sepuloni in Parliament yesterday that he had accessed private information about the woman and used it to initiate legal action.
ACC Minister Nick Smith said he was disappointed the matter had not been resolved. "I am unable to intervene as Minister because this is a matter between individuals before the court but I hope common sense prevails."
Earlier this morning he said Dr Jansen would not be suing for defamation as he believed the comments had been removed from the internet. However, they could still be found online this morning.
Labour victims' rights spokeswoman Carmel Sepuloni said she knew of several "very similar" lawsuits.
She blamed the disputes on an ACC culture that needed to be fixed. "They're treated as a potential saving. They're not treated with any priority or urgency.
"It's a whole culture. A culture where victims are treated poorly - where they are not given the support they should be given.
"At the end of the day the buck has to stop with the minister.
"He should stand up and say publicly that this kind of behaviour from the ACC adviser is unacceptable."
ACC said it would investigate the management of the client's claim and report back to Mr Smith.
Separately, it would investigate whether there had been any inappropriate access to the client's information.
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He wants a public apology?! PMSL Maybe, if he got down of his high horse and learnt to aplogise to the claimants that have been effected by his pathway and then actaully put the recommendations in place that Nick Smith agreed to following the Independant Review Report last year then people wouldn't ridical the man in the first place. It's not like he is getting paid good money for actually doing a good job here. He needs to be held accountable and clearly Minister Smith isn't doing that!
ReplyDeleteI do hope it goes to Court as it will be in solitary that we all stand and go to Court with Jax. Kia Kaha Jax