Where a medical negligence claim alleges that surgery itself should never have been performed, the surgery is the 'injury' to be assessed by a medical panel under Part VBA of the Wrongs Act 1958 (Vic), not the underlying condition for which the surgery was purportedly performed, and surgical procedures involving cutting and removal of bone or cartilage are capable of being considered intraoperative fractures within the meaning of Chapter Three of the AMA Guides.
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