Can I record a medical assessment?

Question Details: My employer is trying to medically retire me. I have been told I have to see a specialist for an occupational medical assessment next week. In January I broke my ankle and hurt my shoulder during a course at work. I had to undergo assessment and in the doctor's report the doctor's opinion was that my shoulder pain is degenerative and I can no longer perform CPR and am unfit for my former position. During my last assessment I felt intimidated and uncomfortable. I also feel that I was discriminated against because I am female and obese.

Filed under Health, Disability and ACC | 2097 View(s)

Are you a lawyer? Login or register to answer this question.

Answers by Lawyers

Community Law Wellington & Hutt Valley

Yes, you can record a medical assessment provided it is reasonable in the circumstances for you to do so, and provided the doctor consents. Given that you are unhappy with how your last medical assessment went, it is more likely to be considered reasonable that you record your upcoming occupational medical assessment.

If you feel that you were discriminated against during your last medical assessment, you can make a complaint to the doctor.

If you are not comfortable doing this, or if it doesn't achieve a satisfactory result, you can make a formal complaint. If the doctor was undertaking an ACC medical assesment, you can make a complaint to ACC that the doctor's service breached the Code of ACC Claimants' Rights. More information on making such a complaint is available in the ACC booklet 'Working Together to Resolve Issues' - available here: www.acc.co.nz%22working+together+to+resolve+issues%22

Otherwise, you can make a complaint to the Health and Disability Commissioner for a breach of the Code of Health and Disability Services, Consumers' Rights. More information on this Code is available here: www.hdc.org.nz%20code%20of%20rights.pdf, and on the Health and Disability Commissioner's website here: www.hdc.org.nz

Answered 8 Nov 2012. The IMPORTANT NOTICE below is part of this answer.

IMPORTANT NOTICE: The answer provided above is intended for general informational purposes only and cannot be considered a substitute for face-to-face legal advice. It should not be relied upon as the sole basis for taking action in relation to a legal issue. Laws change frequently, and small variations in the facts, or a fact not provided in the question, can often change a legal outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or publishers of the answer, for loss, damage or inconvenience arising in any way from the use of this site. While each answer has been published by a lawyer with a practising certificate, that person may not necessarily have experience in the particular area of law involved.

For more information about this website, please review our Terms of Use.