The lawyer for a surgeon sued after a woman became pregnant following a failed sterilisation operation, has warned against a return to the "dark days".

The doctor, Keith Allenby of Auckland's Middlemore Hospital, says Terri Hannam should have ACC cover but ACC says she should not.

Hannam was represented at a Supreme Court hearing today but her lawyer, John Miller, told the five judges that she was "abiding the decision of the court".

Her interest was in knowing what course she can take - whether she can sue or claim accident compensation.

Legally, the case centres on definitions of pregnancy, gradual injury and personal injury. It is thought it could also have consequences for ACC cover in some cases where pregnancy results from rape.

The group Doctors for Sexual Abuse Care have been given permission to make submissions to the court about the legal definitions.

Allenby's lawyer, Harry Waalkens, QC, told the court that if doctors could be sued for women becoming pregnant after sterilisation, it would be disruptive for health professionals and doctors would not want to provide sterilisations services.

The accident compensation legislation was supposed to prevent doctors being sued for personal injury.

"It would be a dark day to go back to open up these areas," he told the court.

The hearing is continuing.