
Non-Earner Benefits Denied Because of Medical Malpractice
It is not uncommon for a car accident victim to suffer further harm through medical negligence while being treated for accident-related injuries. In Midak v RSA, the Licence Appeal Tribunal denied non-earner benefits after finding the claimant’s traumatic brain injury arose from a later fall at a pain clinic, not the accident itself. The decision is a useful study in causation and the interplay between malpractice and statutory accident benefits.
