Ryan v Gold Coast Hospital and Health Service
[2025] QSC 181 · Smith J
Trent Ryan, a man who underwent bowel surgery at a Gold Coast hospital in February 2014, was left with chronic abdominal pain that prevented him from returning to work. He later obtained an expert surgeon's report saying he had not been properly warned of the risks of the operation. Because he learned of this potential negligence after the normal three-year time limit had passed, he asked the court for an extension of time so his medical negligence claim could proceed, and for permission to add claims under consumer law. The court found the expert report was a crucial new fact that he could not reasonably have known earlier, extended the time limit, confirmed his court proceedings were validly started, and allowed the extra consumer-law claims. The hospital's application to have the claim dismissed was refused. This ruling lets the underlying claim go ahead but does not decide whether the hospital was negligent or what damages, if any, the plaintiff will receive.
Incident & injury
Laparoscopic anterior resection of the colon for diverticular disease, allegedly performed without adequate warning of risks, resulting in chronic neuropathic pain in left iliac fossa
- Body regions
- Abdomen / pelvis, Abdomen, Peripheral nerve
- Diagnoses
- Chronic neuropathic pain, Possible neuroma/peripheral nerve injury
- Incident date
- 11 February 2014
- Location
- Gold Coast Hospital
Quick facts
- Date of judgment
- 7 August 2025
- Claim type
- PIPA Medical Negligence
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~34 (inferred)
- Occupation
- Not stated
Outcome
The court extended the limitation period under s 31(1) of the Limitation of Actions Act, ordered under s 59(2)(b) PIPA that the plaintiff had until 5 March 2018 to file, declared the proceedings validly instituted, granted leave to add Australian Consumer Law causes of action, and dismissed the defendant's strike-out application. Costs ordered to be costs in the cause.
Defendant
1 Gold Coast Hospital and Health Service
Hospital/Healthcare provider
- Judgment against this defendant
- $0
Key issues
Ryan v Gold Coast Hospital and Health Service [2025] QSC 181
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Learn more about medical negligence claims in Queensland.