Righting wrongs: Lawyers' reflections on the amendments to the Wrongs Act 1958 (Vic) on medical negligence and mental harm claims

In 2015 the Victorian government enacted amendments to the Wrongs Act 1958 (Vic) in response to a 2014 report by the Victorian Competition and Efficiency Commission (VCEC). These amendments attempt to strike a balance between affordable insurance premiums and the need to compensate the meritorious claims of individuals who have suffered loss. Compensation in personal injury claims has been an ongoing and contentious issue since the Victorian government implemented major tort reforms in 2002-2003 in response to recommendations contained in the Ipp Panel's Review of the Law of Negligence report. This article reports on research into lawyers' reflections on the 2015 amendments to the Wrongs Act and other issues in medical negligence. The research data was gathered from interviews with 20 senior tort lawyers in Victoria. Analysis of the data shows a range of views on the potential impact the amendments might have on the ability of plaintiffs to recover compensation in medical negligence and mental harm claims. The majority of the interviewees saw the reforms as a positive step forward for claimants but suggested that the changes could have gone further in terms of the thresholds and the need for a test that took account of the personal circumstances of a claimant. These findings lead the author to argue that the 2015 legislative changes do not yet achieve an appropriate balance between the competing needs of claimants and insurers.