Jones v Central Queensland Hospital and Health Service
[2024] QSC 165 · Sullivan J
Alison Jones underwent radiation treatment in 2011-2012 for a tumour near her right buttock. She suffered serious complications, including the death of bone in her sacrum and repeated fractures requiring multiple surgeries. Years later, an expert report told her for the first time that the radiation dose she received was higher than the international standard and delivered over too large an area, substantially increasing the risk of the very injury she suffered. Because more than three years had passed since the treatment, her claim was out of time. She applied to extend the limitation period, arguing she only learned the crucial facts when she received the expert report in February 2020. The court agreed that, despite her long efforts to find answers, she did not have the necessary expert knowledge until then, and that a fair trial was still possible. The judge extended the time limit and substituted the State of Queensland as the defendant, allowing her medical negligence claim to proceed.
Incident & injury
Alleged medical negligence in delivery of TomoTherapy radiation treatment for desmoid tumour at dose of 60 Gy in 30 fractions (alleged to exceed recommended international standard of 56 Gy in 28 fractions), causing osteoradionecrosis of the right sacrum
- Body regions
- Lumbar spine, Sacrum/pelvis, Lower limb, Psychiatric
- Diagnoses
- Osteoradionecrosis of the right sacrum, Sacral insufficiency fractures, Nerve pain, Fibrosis, Pelvic pain, Lower leg and right foot pain, Depression
- Incident date
- 6 February 2012
- Location
- Rockhampton Base Hospital and Royal Brisbane and Women's Hospital
Quick facts
- Date of judgment
- 8 August 2024
- Claim type
- PIPA Medical Negligence
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court granted the plaintiff an extension of the limitation period under s 31 of the Limitation of Actions Act 1974 (Qld), finding the material facts of a decisive character (contained in an expert report) were not within her means of knowledge until within 12 months of commencing proceedings, and substituted the State of Queensland as the sole defendant.
Key issues
Jones v Central Queensland Hospital and Health Service [2024] QSC 165
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