As a post-script to my post a couple of weeks ago, I confirm that Judge Schoombee has handed down her decision in Lola Phillips’ case.
This confirms that whether or not negligent care was before or after the Law change in November 2005, the date from which time to make claim starts to run is now determined by the 2005 legislation. This means that patients suffering a latent injury before 2005 can bring claim if they are able to show that it is within 3 years of their latent injury becoming evident/manifesting. Further, if such manifestation occurred after November 2005 they can potentially seek an extension of time to bring claim if they can meet the other requirements necessary for this….
On such topic, a case to be argued later this week will hopefully shed further light on the Court’s approach to such extension applications and the extend of the Court’s discretion to do so.
An update on 24 June 12, to confirm that the defendant has given notice it will appeal this decision, so the matter will proceed to be considered by the Court of Appeal