Cheryl Ann Ringelstein v Metro North Hospital and Health Service

Incident & injury

Total abdominal hysterectomy and posterior repair allegedly performed negligently, resulting in rectovaginal fistula, vesico-vaginal fistula, and numerous subsequent complications requiring further surgeries

Body regions

Gynaecological/pelvic, Urinary, Psychiatric

Diagnoses

Rectovaginal fistula, Vesico-vaginal fistula, Sigmoid loop colostomy (stoma), Urinary incontinence, Depression

Incident date

15 June 2004

Location

Caboolture Hospital, Queensland

Outcome

The applicant's s 31 application to extend the limitation period was dismissed because, despite her personal circumstances, she failed to take all reasonable steps to ascertain the material facts of a decisive character; she had been on notice since at least 2009–2010 that the limitation period had expired and that urgent action was required, yet did nothing for approximately 12 years.

Key issues

• Limitation extension refused
• Section 31 Limitation of Actions Act 1974 (Qld)
• Means of knowledge
• Reasonable steps to ascertain material facts
• Medical negligence — surgical complication
• 12-year unexplained delay