The Personal Injuries Proceedings Act 2002 (Qld) applies to claims for personal injuries arising out of negligent medical services in Queensland. This legislation is known in the legal industry as PIPA.
You may have a claim if you have suffered injury because the care provided by a health practitioner or hospital fell below the standard reasonably expected of a competent professional in that field, and that failure caused harm you would not otherwise have suffered.
Two features of Queensland law shape every one of these claims. First, a practitioner is generally not negligent if they acted in a way widely accepted at the time by a significant body of respected peer professional opinion (Civil Liability Act 2003, s 22). Second, a bad outcome is not, by itself, negligence: many complications are recognised risks of properly performed treatment. The claims that succeed are those where the departure from proper practice, and the harm it caused, can both be proven with independent expert evidence.
These cases are complex and expensive to run, and we are selective about the medical negligence matters we take on. Specialist medical opinion is essential from the outset.
Starting a Claim for Medical Negligence in Queensland
Under the requirements of PIPA, to commence a claim for medical negligence, an initial notice must first be completed and served on the at-fault medical provider within 9 months of the medical incident. If more time has passed, a reasonable excuse for the delay must be provided.
The initial notice must state that it is given under Section 9A of PIPA, and typically contain the following information:
- the claimant’s full name and address;
- any other name by which the claimant is known or has been known;
- if the initial notice is given by the claimant’s parent or legal guardian, the parent’s or guardian’s name;
- the claimant’s date of birth;
- a description of the medical services alleged to have given rise to the personal injury;
- if known, the name of the doctor who provided the medical services;
- the date or dates when the medical services were provided;
- the place or places at which the medical services were provided;
- a description of the personal injury alleged to have been suffered.
Following the initial notice, a further claim form must be completed, known as a Part 1 Notice.
The Part 1 Notice must include a written report from another medical specialist, competent to assess the medical incident alleged to have given rise to the personal injury, stating, in the medical specialist’s opinion:
- that there was a failure to meet an appropriate standard of care in providing medical services; and
- the reasons justifying the opinion; and
- that as a result of the failure, the claimant suffered personal injury; and
Often, these medical specialist opinions can require complex considerations by very experienced doctors and are therefore very expensive. It’s not unheard of for such a report to cost $5,000 – $10,000. Some law firms require that this outlay be paid for by the claimant directly before considering the claim.
The procedural steps above are strict, and the PIPA pre-court process must be completed before court proceedings can begin. Early advice matters most where time limits are close or the treatment history is complicated.
Recent Queensland Medical Negligence Decisions
These are the medical negligence matters in our Queensland Personal Injury Quantum Database of published court decisions from 2021 to 2026. They illustrate the real terrain of this area of law: where negligence or liability is admitted, the fight is usually about the amount of damages; where it is not, claims frequently fail; and for injuries discovered years later, the first battle is often for an extension of time.
- Stewart v Metro North Hospital and Health Service [2025] HCA 34, $5,883,689. Catastrophic brain damage and paralysis from admitted negligent hospital care. Liability was never in dispute; three levels of court fought over one question: whether damages should fund care at home or in an institution. The High Court’s answer substantially increased the award.
- Chapman v Wide Bay Hospital and Health Service [2022] QDC 271, $201,770. A bowel injury during a hysterectomy, with liability admitted. A quantum-only trial assessing damages for the physical injury and a consequent adjustment disorder.
- Ringelstein v Metro North Hospital and Health Service [2025] QCA 188. Surgical complications from a 2004 hysterectomy; the claimant only learned her care may have been negligent when she obtained expert opinion decades later. The Court of Appeal allowed her claim to proceed out of time, a reminder that the limitation battle can be winnable on the right facts.
- Rodgers v Chinsee [2024] QDC 55. An application to extend time for claims arising from cosmetic surgery procedures, illustrating how the courts approach the discovery of a material fact of a decisive character.
- Coulon v Adams [2022] QDC 291, claim dismissed. A ruptured spleen following a colonoscopy. The court found the complication was not the product of negligence, the outcome in many medical negligence claims where a recognised complication of a properly performed procedure occurs.
These are statistics and summaries of published court decisions. Most claims resolve before judgment, and settlements are not included. Nothing here is a prediction, promise or guarantee about the outcome or value of any claim; every case depends on its own facts.
Frequently Asked Questions
Maybe. Roche Legal only offers No Win No Fee representation to those with a qualifying medical negligence claim.
Medical negligence claims require proof of negligence at the outset of the claim. This proof must come in the form of a report from another doctor similarly experienced and qualified to perform the medical service in question. It is very expensive to obtain expert reports to confirm that your doctor made a mistake and many times it is discovered that the original doctor was not actually negligent.
If it is not clear and obvious (such as a doctor operating on your Left leg when he was supposed to operate on your Right leg) then we require you to cover the cost of your own initial medical opinion to support your claim. If the expert opinion supports your case, we will be able to consider offering you our No Win No Fee representation.
Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.
Maybe. To be able to bring a medical negligence claim, you must be able to prove that the medical services provided to you were negligent. You cannot win a claim simply because a complication arose from a surgical procedure that was always an inherent risk to having the procedure performed.
You must show that the medical treatment you received was not adequate or wrong to the point that:
the medical services provided fell below the proper standard of care; and
you have suffered a loss as a result that you would not otherwise have suffered.
Before contacting a solicitor, be aware that it’s not viable to bring a claim for medical negligence if:
the correct medical procedure was followed, but you were unfortunate enough to suffer a complication as one of the known inherent risks of the procedure; or
you haven’t suffered any material loss but are simply unhappy with the way you were treated by the hospital or the medical professional.
If you are simply unhappy that a hospital has not treated you or your loved one with respect or courtesy, you are able to raise a complaint with the Office of the Health Ombudsman.
A medical negligence claim is brought against the medical health professional and/or the organisation that provided or facilitated the medical service (typically a hospital). Their medical indemnity insurer will then defend the claim on their behalf.
This depends upon your circumstances but may include damages for:
Pain and suffering
Loss of enjoyment of life
Loss of life expectancy
Past and future loss of earnings
Paid or unpaid help from family, friends or other third parties
Past and future medical and rehabilitation costs
Typically, three things need to be established to make a claim:
1. The treatment fell below the standard reasonably expected of a competent health practitioner in the relevant field.
2. The inadequate treatment caused you physical or psychological pain and suffering or injury.
3. The resulting harm was a direct result of the negligence of the treatment provider.
Negligence will be present when the medical treatment does not reach the standard of care reasonably expected from a health professional.
It will usually be determined by comparing the treatment or lack of treatment with that provided by another reasonable health professional in the same area of practice. This will require obtaining one or more medical expert’s opinion confirming that in their view the conduct of the health professional or organisation was negligent.
Yes. Court proceedings generally must be started within three (3) years of when the cause of action arises, and the PIPA pre-court procedures must be completed first.
In limited circumstances a court may extend time, most commonly where a material fact of a decisive character was not within your means of knowledge until later (as in Ringelstein v Metro North). The relevant starting point may be when:
– the negligent medical treatment took place; or
– the negligence was discovered; or
– you found out about the injuries caused as a result of the negligent actions or inactions of the medical health professional or organisation.
The professional indemnity insurer of the health professional or the organisation at fault.
This is impossible to answer without a thorough investigation of your claim and the impact the negligence has had on your occupation and ability to care for yourself.
This is also impossible to answer until we understand how simple or complex your claim is. Once all the facts are obtained, we will be in a better position to be able to advise you.
Yes, provided the estate can prove that the injured person’s death was caused by medical negligence. However, it needs to be understood that the compensation that might be claimed will be less than if the deceased was alive. This is because damages for pain and suffering do not survive for the benefit of the estate. Any claim for future entitlements also dies with the patient.
Damages are limited to past loss e.g.:
past loss of wages
past medical expenses
past unpaid or paid care from family members, friends or third parties
However, a parent, spouse, partner, child or grandchild may be able to make a claim for mental harm if they can show that they have suffered a psychiatric illness as a consequence of the death of the deceased.
A dependency claim may also be possible for the likes of spouses or children if they are financially dependent on the deceased. Dependency is assessed based on the extent of the financial dependency of the spouse or children of the deceased, the loss of services that the family experiences as a result of the deceased’s death and in the case of children, loss of care and guidance.