When There’s Nothing Wrong in Having Another CrackAuthor : Andrew Seiter and Noa Zur

Public and Products Liability

Andrew Seiter and Noa Zur discuss the implications of a recent decision by the Victorian Supreme Court of Appeal in Mitchell v Latrobe Regional Hospital [2016] VSCA 342.

On 21 December 2016, the Court said the amendments to the Wrongs Act 1958 (Vic) which have retrospectively lowered the thresholds for spinal and psychiatric injuries to claim non-economic loss, will now apply where a claimant has previously been examined by a Medical Panel – even in the event the claimant may not have exceeded the injury thresholds that were in place historically.

The potential implications of the decision are significant, as matters that insurers thought were concluded may now be pursued again.

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