QLD Medical Negligence Law - Queensland

There are time limits for personal injury legal cases in Queensland including medical negligence compensation claims. The law relating to time limits is contained in the Limitation of Actions Act 1974 which commenced on 1st July 1975. The primary limitation period in Queensland is set down in the legislation as three years for personal injury compensation claims. This means that a medical negligence compensation claim must either be settled or legal proceedings must have been issued in a court of law within the three year deadline failing which the opportunity to claim damages may have been lost forever. There are a number of exceptions to the primary limitation period of three years which includes minors, the mentally disabled and the victims of dust related conditions. In addition the court has a rarely used discretion to alter or amend the time limits in appropriate circumstances.


    In Queensland a minor is defined as a person who has not yet reached the age of eighteen years. Time does not begin to run until the eighteenth birthday which means that proceedings must be issued or the action must be settled prior to the eve of the 21st birthday.

    Mental Disability

    In Queensland time does not begin to run until the mental disability is extinguished and the person has full mental capacity. In some cases time may never start to run.

    Dust Related Conditions

    The various illnesses caused as a result of mineral dust may have a long latency period of up to 50 years from exposure to the development of significant illness. In addition previous employers may have disappeared or be bankrupt and in the case of a long latency period mere investigation of the issues may take many years.

Personal Injuries Proceedings (Legal Advertising) and Other Acts Amendment Bill 2006

This website is not intended to be an advertisement for personal injury legal services in Queensland. The Personal Injuries Proceedings (Legal Advertising) and Other Acts Amendment Bill 2006 prohibits advertising of personal injury legal services in Queensland. This referral service is therefore not available for incidents arising as a result of medical negligence in Queensland. No action will be taken on any emails or forms that appear to emanate from Queensland referring to potential causes of action arising in those states.

HELPLINE: ☎ 1800 633 634

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here