Do I need a medical negligence lawyer in Queensland?  

It is generally very difficult to bring a medical negligence claim which is outside the three (3) year time period in Queensland.  

However, there are limited circumstances where a court can extend the limitation period. These circumstances may include:  

1. If the injury and / or damage caused by the medical negligence was not immediately apparent and the Plaintiff (injured person) only became aware later, the limitation period may start from the time the injury / damage was discovered.  
2. If the injured person was under a legal disability at the time the negligent act occurred.  
3. If the medical professional attempted to conceal their wrongdoing or mislead the patient regarding the cause of their injury. 
4. The court has the ability to extend the limitation period if it is satisfied that the Plaintiff (injured person) has a reasonable excuse for bringing a claim outside the time limit.  

An example of a case where a claim which was outside the limitation period ( over three (3) years after injury) is the case of Quinn v State of Queensland (No.2) [2016] QDC 156 (‘Quinn’). In Quinn, the Plaintiff (Ms Quinn) sought an extension of the limitation period for a medical negligence claim. Her reason for the application was due to the belated receipt of an expert report that supported a finding of negligence against the surgeon who caused her injuries. The Judge applied the precedent from a previous judgement which found that the expert report constituted a material fact of a decisive character. Therefore, in Quinn, the judge applied the same reasoning and found that a belated expert report supporting a finding of negligence can constitute a material fact of a decision character and the application was granted to extend the limitation period so Quinn could pursue her claim.  

The abovementioned circumstances are not automatic and will depend on the circumstances of each case as well as up to the court’s discretion. It is therefore important to seek legal advice as soon as possible in relation to any medical negligence suspicions / injuries.