By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- Time limit: generally 3 years from the date the claim arose, not from when you found out. A court can extend it to 1 year after you learned a decisive fact, and a child has until 3 years after turning 18.
- Notices come first: an initial notice by the earlier of 9 months after the incident or 1 month after you first instruct a lawyer, then a notice of claim with a medical specialist's report, then a compulsory conference.
- The test: a professional who acted as widely accepted by respected peers as competent practice is not in breach, unless that opinion is irrational, but the defence does not cover warnings about risk.
- Damages: pain and suffering is assessed on a 0 to 100 scale, with a top of $494,150 for injuries arising from 1 July 2026; lost earnings are capped at 3 times average weekly earnings; no jury.
- Complaints are not compensation: the Office of the Health Ombudsman is free but cannot make a provider pay compensation.
- No win, no fee: a lawyer cannot take more than half of what you receive after refunds and outlays, unless the Law Society approves.
- For advice about a possible claim, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Queensland for a fixed $295.
In Queensland, a medical negligence claim must generally be started within 3 years of the date it arose, but first the patient must give an initial notice (by the earlier of 9 months after the incident or 1 month after instructing a lawyer), a notice of claim with a medical specialist's report, and attend a compulsory conference; pain and suffering damages top out at $494,150 for injuries arising from 1 July 2026.
Checked on 23 October 2026 against the Civil Liability Act 2003, the Personal Injuries Proceedings Act 2002, the Limitation of Actions Act 1974, the Legal Profession Act 2007, the 2026 indexation notices and the Office of the Health Ombudsman.
What has to be proved
- A breach: a doctor or other health professional breaches their duty only if the risk was foreseeable, was not insignificant, and a reasonable person in their position would have taken the precautions.
- The peer professional opinion defence: a professional is not in breach if they acted in a way that, at the time, was widely accepted by a significant number of respected practitioners in the field as competent professional practice. The court will not rely on that opinion if it is irrational or contrary to a written law.
- Warnings are different: the defence does not apply to warnings or advice about risk. A doctor must give the information a reasonable person in the patient's position would need to make a reasonably informed decision, and the information the doctor knows, or ought reasonably to know, the patient wants.
- Inherent risks: there is no liability when a risk that reasonable care and skill cannot avoid comes about, but a failure to warn of it can still be negligent.
- Causation: you must prove, on the balance of probabilities, that the breach was a necessary condition of the harm. What you would have done if properly warned is judged on your own circumstances, but your own later statement about it cannot be used, except to the extent it is against your interest.
- Apologies: evidence of an apology is not admissible as evidence of fault.
Time limits
| Situation | Time limit |
|---|---|
| The basic rule | 3 years from the date the cause of action arose, not from when you found out |
| A decisive fact you could not have known | A court can extend the period to 1 year after you learned it, if there is evidence to establish the claim |
| A child, or a person of unsound mind | Up to 3 years after the disability ends (for a child, 3 years after turning 18) |
| A child's claim: the parent's notice | The parent or guardian must give part 1 of the notice of claim before the earlier of 6 years after they knew or ought to have known of the injury, or 18 months after they first consulted a lawyer about it |
| Notice given in time | If a complying part 1 notice is given before the period ends, court proceedings can still start within 6 months after it, or a longer period the court allows |
The steps before court
The Personal Injuries Proceedings Act 2002 sets out compulsory steps before a claim can go to court.
- Initial notice. For a medical incident involving a doctor, give an initial notice (your details, the services, the doctor, the dates and places, and the injury) by the earlier of 9 months after the incident (or after symptoms first appeared, if they did not show at the time) or 1 month after you first instruct a lawyer and the person to be sued is identified. For a public hospital, it goes to the chief executive of the Hospital and Health Service.
- Records. Within 1 month, the provider must say whether it holds documents about the services and give you copies of all of them.
- Notice of claim. Within 12 months after the provider has done that, give part 1 of the notice of claim with a written report from a medical specialist stating, in their opinion, that there was a failure to meet an appropriate standard of care, and the injury that resulted. Part 2 of the notice follows.
- A late notice needs a reasonable excuse. A health service complaint to the Health Ombudsman made within 2 years of becoming aware of the matter counts, if you give part 1 as soon as practicable after the complaint is finalised.
- Compulsory conference. Before going to court there must be a compulsory conference of the parties, then an exchange of mandatory final offers if it does not settle. Proceedings should then start within 60 days after the conference, or a further period agreed or set by the court.
Compensation
- Pain and suffering (general damages, which also cover loss of amenities, loss of expectation of life and disfigurement) are assessed on an injury scale running from 0 to 100. For an injury that arose between 1 July 2026 and 30 June 2027, the top of the scale (100) is $494,150; the dollar amounts depend on the year the injury arose.
- Lost earnings are capped at the present value of 3 times average weekly earnings for each week of the loss.
- Care from family or friends (gratuitous services) is compensated only if it is necessary, needed solely because of the injury, and given for at least 6 hours a week for at least 6 months.
- No exemplary, punitive or aggravated damages for personal injury, unless it was caused by an unlawful intentional act meant to injure, or unlawful sexual assault or misconduct.
- No jury: personal injury claims are decided by a judge.
- Which court: the Magistrates Court up to $150,000, the District Court up to $750,000, and the Supreme Court above that.
Legal costs
- No win, no fee: for a speculative personal injury claim, a lawyer's charges (including GST) cannot be more than half of what you receive after refunds and outlays are taken out, unless the Law Society (or, for a barrister, the Bar Association) approves more.
- Uplift fees in a conditional costs agreement are capped at 25% of the legal costs in a court matter, and fees calculated as a share of your compensation are banned.
Complaints are not compensation
- The Office of the Health Ombudsman takes complaints about health services in Queensland. It is free, but it cannot make a provider compensate you for pain, suffering or loss of income; in some cases conciliation or local resolution can negotiate out-of-pocket refunds or the cost of future treatment.
- Registration: the Health Ombudsman keeps complaints about registered practitioners that may involve professional misconduct or grounds to suspend or cancel registration, and refers others to Ahpra. Ahpra can act only on a practitioner's registration and cannot arrange compensation.
- Making a complaint can protect a late notice: see step 4 above.
Free help in Queensland
| Service | Number | Hours |
|---|---|---|
| Legal Aid Queensland | 1300 65 11 88 | 8:30am to 4:30pm, Monday to Friday |
| Office of the Health Ombudsman (complaints, not compensation) | 133 OHO (133 646) | 9:30am to 4pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Queensland is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise on the time limits and the notice steps, whether a specialist's report supports a claim, and what it may be worth. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Civil Liability Act 2003 (current as at 1 July 2024), the Civil Liability Indexation Notice 2026, the Personal Injuries Proceedings Act 2002 (current as at 1 July 2024) and its Indexation Notice 2026, the Limitation of Actions Act 1974 (current as at 28 April 2026), the Legal Profession Act 2007 (current as at 1 July 2025) and the Office of the Health Ombudsman's pages, on 23 October 2026.
Frequently Asked Questions
How long do I have to make a medical negligence claim in Queensland?
Generally 3 years from the date the cause of action arose, not from when you found out. A court can extend it to 1 year after you learned a decisive fact, and a child has until 3 years after turning 18. The notices come much sooner: an initial notice is due by the earlier of 9 months after the incident or 1 month after you first instruct a lawyer.
What is an initial notice?
For a medical incident involving a doctor, it is the first written notice of your claim, giving your details, the services, the doctor, the dates and places, and the injury. Within 1 month of receiving it, the provider must give you copies of all its documents about the services.
Do I need a medical specialist's report?
Yes. Part 1 of the notice of claim must include a written report from a medical specialist stating, in their opinion, that there was a failure to meet an appropriate standard of care and the injury that resulted. It is due within 12 months after the provider gives you its documents.
How much compensation can I get for pain and suffering in Queensland?
It is assessed on an injury scale from 0 to 100. For an injury arising from 1 July 2026 to 30 June 2027, the top of the scale is $494,150. Lost earnings are capped at 3 times average weekly earnings a week, and exemplary damages are not allowed.
Can the Health Ombudsman get me compensation?
No. The Office of the Health Ombudsman cannot make a provider compensate you for pain, suffering or loss of income, although conciliation can sometimes negotiate out-of-pocket refunds or the cost of future treatment. A complaint made within 2 years of becoming aware of the matter can excuse a late notice of claim.
Will a jury decide my case?
No. In Queensland, a claim for personal injury damages is decided by a judge sitting without a jury.
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