In this episode of P.I. Case Note, Michelle Wright examines the Queensland Supreme Court’s decision in Collins v Metro North Hospital and Health Service [2025] QSC 225, which illustrates the significant challenges facing a self-represented medical negligence claim when navigating complex court rules and pleading requirements. The case involved Mr Collins, who alleged failures in his cancer treatment and atrial fibrillation management, but whose seventh amended statement of claim had multiple paragraphs struck out under Rule 171 of the Uniform Civil Procedure Rules 1999 (Qld) for disclosing no reasonable cause of action.
The Court’s comprehensive analysis reveals the multiple pitfalls that can derail a self-represented medical negligence claim despite the court’s obligation to provide additional allowances for unrepresented litigants. The strike-out application succeeded on several fronts: three paragraphs alleging a new cause of action regarding atrial fibrillation treatment were struck out as statute-barred, having been introduced after the limitation period expired; seven paragraphs alleging psychiatric injury from Metro North’s lawyers’ conduct were struck out because no duty of care exists between opposing litigants; paragraphs alleging failure to fund the Prostate Cancer Outcomes Registry were struck out for failing to establish any duty or quantifiable damages; and paragraphs merely listing pre-litigation process steps were struck out for containing no actual allegations. Most significantly, Mr Collins’ attempt to set aside previous strike-out orders by alleging fraud under Rules 667 and 668 failed because the alleged facts did not arise after the orders were made, and his claims about Metro North’s conduct at the compulsory conference were privileged under the without prejudice rule fundamental to the Personal Injuries Proceedings Act pre-court process.
Listen for Michelle Wright’s detailed analysis of this important decision on self-represented medical negligence claim challenges and the importance of legal representation. If you’re considering pursuing a medical negligence claim, the experienced team at accident legal understands the complex court rules, pleading requirements, and limitation periods that can make or break your case. As Queensland’s trusted personal injury lawyers, we know how to formulate claims properly, identify all viable causes of action within limitation periods, and navigate the technical requirements of the UCPR. Contact us for a free consultation on (07) 3740 0200. We’ll ensure your medical negligence claim is properly pleaded and complies with all court rules to avoid costly strike-out applications.