The short answer
If you were harmed by medical care in Queensland, Queensland's law decides your claim. Here is what matters most:
When the clock starts
At the injury, but it can be extended when you learn something decisive later; children have until 21Before court
PIPA notice of claim, often within 9 monthsPain & suffering
Injury scale 1 to 100, cappedComplaints
Office of the Health OmbudsmanA summary only. Each rule has exceptions, explained below.
A claim in Queensland at a glance · tap a step to read about it
- 1RecordsGet your medical records and write down what happened
- 2When you found outThe clock often starts later than the operation
- 3Expert reviewAn independent expert compares your care with the standard
- 4PIPA noticeA notice of claim, often due within 9 months
- 5ResolutionMost claims settle by negotiation or mediation
Don't rule yourself out: the clock may have started later than you think. Once it is running, a complaint doesn't pause it, so ask early.
Time limits, what you must do before going to court, and how compensation is worked out all differ from state to state. This page sets out Queensland's rules in plain language. We are based in Newcastle, NSW, and act for people across Australia.
What every claim needs
Whichever state you're in, a medical negligence claim needs all three of these. What medical negligence is explains the basics.
Care fell short
Your care was below what was accepted as competent practice at the time.
In plain terms: experts compare your care with the guidelines of the day.
It caused harm
That shortfall caused your injury, or made it worse than it would have been.
In plain terms: better care would have made a real difference.
You claim in time
You start the claim within Queensland's time limit.
In plain terms: learning something new about your care can extend the deadline.
Time limits in Queensland
Operation years ago?
Possibly, yes. In Queensland the clock usually starts at the injury, but the law recognises that people often only learn the truth later. If you have recently learned a "material fact of a decisive character" (for example, an expert tells you your outcome was caused by an error, not bad luck), a court can extend time to one year after you learned it (s 31).
So an operation six years ago is not automatically out of time. But that one-year window is short, so please get advice as soon as you learn something new.
The detail
In Queensland, a claim generally has to be started within three years of the date the injury occurred (Limitation of Actions Act 1974 (Qld) s 11). Unlike NSW and Victoria, the clock usually starts when the injury happens, not when you discover it was caused by negligence.
A court can extend time by up to one year from when a "material fact of a decisive character" came within your means of knowledge (s 31), but the test is strict.
Children: time generally runs for three years from the child's 18th birthday (ss 5(2), 29).
How Queensland judges whether care was negligent
Queensland's Civil Liability Act 2003 includes a peer professional opinion test (s 22): a professional is not negligent if they acted in a way widely accepted by peer professional opinion by a significant number of respected practitioners in the field as competent practice, unless that opinion is irrational or contrary to law. The test does not apply to warnings, which are judged under Rogers v Whitaker.
Compensation in Queensland
Pain-and-suffering damages are assessed on an injury scale from 1 to 100. For injuries in 2026–27 the scale runs from $2,010 to $494,150, and it is updated each year. Lost earnings, treatment costs and care are claimed separately. Our compensation guide explains how the scale works.
Before going to court
Queensland has a compulsory pre-court process under the Personal Injuries Proceedings Act 2002 (PIPA). A notice of claim generally has to be given by the earlier of:
- 9 months after the injury, or after symptoms first appeared if they weren't immediately apparent; or
- 1 month after you first consult a lawyer about the claim and ask them to act (s 9(3)).
Medical negligence claims also have an additional early notice step to the health provider. Missing these deadlines doesn't always end a claim, but you then need a reasonable excuse, so speak to a lawyer early.
Whatever state you're in, the first steps are the same: get your medical records, write down what happened while you remember it, and get independent advice. Read how a claim works.
Complaints in Queensland
Complaints about health practitioners and services in Queensland go to the Office of the Health Ombudsman, which decides whether to deal with a complaint itself or refer it to Ahpra. A complaint doesn't pause the PIPA deadlines or the time limit. See complaint or claim: which is right for you?
Start with what happened to you
Birth trauma
Injuries to mothers and babies in pregnancy, labour and birth
2Face, mouth & jaw
Nerve injury after dental, jaw and facial procedures
3Cosmetic & breast
Implants, infection, poor results and filler injuries
4Missed diagnosis
When a condition was caught too late, or not at all
5Spinal & neuro
Nerve damage and missed red flags around spinal care
6Surgery & hospital
Errors in theatre, on the ward and in hospital systems
7Endometriosis & gynae
Years of dismissal, and harm in gynaecological surgery
8Medication & devices
Prescribing harm, unwarned side effects and recalls
Questions people ask
How long do I have to make a medical negligence claim in Queensland?
Often longer than people think. The clock usually doesn't start on the day of your treatment, and courts can extend time in some situations, so someone whose operation was six years ago may still be able to claim. The rules for Queensland are set out above. Please get advice about your own dates rather than ruling yourself out.
Can a lawyer in Newcastle act for me in Queensland?
Yes. Peter Evans & Associates acts for people across Australia. Most of a medical negligence case is records, expert reports and meetings, which work well by phone and video, and we brief local counsel and experts where a case needs them.
Does making a complaint stop the time limit?
No. A complaint to a health complaints body or Ahpra can run alongside a claim, but the limitation period keeps running while it is dealt with.
Will it cost me anything to find out if I have a claim?
No. The first conversation and our free case review cost nothing, and there is no commitment to go further. See costs and how a claim is funded.
Questions about your care in Queensland?
We can look at what happened, check where you stand on time limits, and tell you plainly whether your care fell short. It's confidential, and there's no cost to find out.
ContactFree case reviewAbout the author and editorial standards
Written by Dr Rosemary Listing, PhD (Law). Rosemary is a medical negligence specialist and Of Counsel at Peter Evans & Associates in Newcastle, NSW. She has practised since 2013, worked on many hundreds of claims, and acts for people injured by medical care across Australia. Her doctoral research examined patterns of failure in medical negligence, and she is a Sessional Lecturer in Health Law at the University of Newcastle.
Rosemary is not medically qualified. Legal information on this page reflects the law as at the date below and is checked against the legislation listed in the references. Thresholds and caps change, usually each year. Read our editorial standards.
Last updated 3 November 2026. Next review May 2027.
References
- Limitation of Actions Act 1974 (Qld) ss 5(2), 11, 29, 31
- Personal Injuries Proceedings Act 2002 (Qld) s 9
- Civil Liability Act 2003 (Qld) s 22; Civil Liability Regulation sch 7 (general damages calculation)
- Rogers v Whitaker (1992) 175 CLR 479; [1992] HCA 58
This page is general information only. It isn't legal advice about your situation, and reading it doesn't create a lawyer and client relationship. Time limits are strict and the rules have exceptions, so please get advice about your own circumstances. If you are in crisis, call 000 or Lifeline on 13 11 14. Legal services are provided by Peter Evans & Associates.
Other states and territories