Medical Negligence and Time Limits: A Critical Extension
In this crucial episode of P.I. Case Note, we examine the Queensland Supreme Court’s decision in Jones v Central Queensland Hospital and Health Service & Ors [2024] QSC 165, which addresses the application of section 31 of the Limitation of Actions Act 1974 (Qld) in medical negligence cases. The case demonstrates when courts will grant extensions to limitation periods for patients who discover the full extent of medical negligence only after the standard time limit has expired.
The court’s analysis provides important guidance on what constitutes a “material fact of decisive character” in medical negligence claims and when patients can reasonably be expected to have knowledge sufficient to commence proceedings. This decision is particularly significant for complex medical cases where the full extent of negligence may only become apparent through expert investigation well after the initial treatment.
Listen for our comprehensive analysis of this medical negligence limitation decision. If you believe you’ve been a victim of medical negligence but are concerned about time limits, don’t delay. Contact accident legal immediately for a free consultation to discuss your options and protect your rights.