In this episode of P.I. Case Note, accident legal partner and expert personal injury lawyer Michelle Wright, examines the Queensland Supreme Court’s decision in Ryan v Gold Coast Hospital and Health Service [2025] QSC 181, which demonstrates how courts assess applications for medical negligence limitation period extension under section 31 of the Limitation of Actions Act 1974 (Qld). The case involved Mr. Ryan, who underwent laparoscopic colon surgery in February 2014 that left him with chronic pain and unable to work, yet didn’t discover the crucial expert evidence supporting his negligence claim until September 2016—well after the standard three-year limitation period would have expired.
The Court’s comprehensive analysis reveals the multi-layered complexities of medical negligence limitation period extension applications, addressing not only section 31 but also section 59(2)(b) of the Personal Injuries Proceedings Act 2002 (Qld) and Rule 376(4) of the Uniform Civil Procedure Rules 1999 (Qld). Justice Brown found that receipt of the surgical expert’s report on 6 September 2016—which identified failures to advise Mr. Ryan of nerve damage risks and conservative treatment alternatives—constituted a “material fact of a decisive character” that extended his limitation period to 6 September 2017. The decision highlights the importance of obtaining expert evidence promptly, as Mr. Ryan’s solicitor had commissioned reports from both a neurologist (who couldn’t establish negligence) and a surgeon (who could) within reasonable timeframes. Notably, the Gold Coast Hospital neither consented to nor opposed the application in accordance with model litigant principles, demonstrating appropriate conduct by government defendants.
Listen for Michelle Wright’s detailed analysis of this important medical negligence limitation period extension decision and its lessons for delayed claims. If you suspect you’ve been a victim of medical negligence but are concerned about time limits, the experienced team at accident legal understands these complex limitation issues. With over 30 years of experience across Queensland, we know how to build compelling cases for limitation extensions, including obtaining the right expert evidence at the right time. Contact us immediately for a free consultation on (07) 3740 0200—even if you think it might be too late, we can assess whether you have grounds for a limitation extension and protect your rights.
