Injury sustained during medical treatment of a transport accident injury is 'a result of a transport accident' within s.93(1) of the Transport Accident Act 1986 (Vic), provided the injured person acted reasonably in seeking treatment and the medical treatment does not constitute a novus actus interveniens. A plaintiff who suffers injury from negligent medical treatment of a transport accident injury must comply with the s.93 preconditions (impairment assessment and serious injury determination) before bringing a common law damages claim against the treating doctor. The Transport Accident Commission's right of recourse under s.104 against negligent third parties provides the appropriate mechanism for recovery in such cases.
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