Can medical treatment be found in the breakfast aisle?

In Brief

• Whether a product constitutes "medical treatment", for the purpose of the definition of "treatment and care" in s 1.4 of the Motor Accident Injuries Act 2017, depends upon the individual circumstances of the Claimant and why the product is required.
• Nutritional supplements, like Up & Go and Sustagen, may constitute "medical treatment" if, for example, an accident causes a need for surgery and the claimant is advised to gain some weight before the procedure.

Relevant Provisions

The phrase "treatment and care" is defined in section 1.4 of MAIA, as follows:

''treatment and care means the following—

• (a) medical treatment (including pharmaceuticals),
• (b) dental treatment,