Birth injury claim time limits and steps for Queensland families (2026)
A birth injury claim may be possible in Queensland if negligent care caused harm to a baby. Because the claimant is a child, special rules apply. Under PIPA s 20C, a parent generally must give Part 1 within 6 years of knowing of the injury. It is due sooner if 18 months pass after first consulting a lawyer.
Key takeaways
Can you make a birth injury claim in Queensland?
If your child was hurt during pregnancy care, labour or birth, you may face hard questions while caring for them. This page explains the legal steps calmly and in order, so you know what applies and when.
A birth injury claim is a type of medical negligence claim. It seeks compensation where a health provider’s care fell below the required standard and caused harm. Not every complication is negligence, though, and the answer depends on expert evidence. Our medical negligence claims guide explains the general process. This page covers the rules that are different when the injured person is a baby or child.
Who makes a birth injury claim?
The injured child is the claimant. However, a child can’t run a claim alone, so the law lets a parent or guardian act for them. Under PIPA s 9(4), a parent or legal guardian may give the Notice of Claim for a child. Likewise, s 9A(5) lets them give the initial notice. In the Act, a child is anyone under 18.
Courts judge the standard of care under the Civil Liability Act 2003. For example, s 22 sets the test for professionals, and s 21 covers a doctor’s duty to warn of risks. For that section, “patient” includes a parent who makes treatment decisions for a child. Our guide to a surgical error claim explains these tests in more detail.
PIPA section 20C, the special birth injury claim rule
PIPA has a division just for claims about injuries to children arising from medical treatment (ss 20A to 20J). It applies where the claimant is a child, or was one when the cause of action arose. The injury must also have arisen from medical treatment.
Under s 20C(1), a parent or legal guardian must give Part 1 of the Notice of Claim for the child before the earlier of:
What section 20C means in practice
Note the word “consults”. Unlike the general rule, the 18-month period runs from the first consultation, not from instructing a lawyer. However, consulting a community legal service doesn’t count (s 20C(4)). Once instructed, the lawyer must give Part 1 “as soon as practicable” (s 20C(2)).
Division 1A doesn’t change the court time limits (s 20A). Also, s 20C works alongside the general notice rules, and how they fit together can be technical. A Queensland lawyer can tell you which dates apply to your family.
If the section 20C deadline is missed
A late notice doesn’t automatically end the claim. Instead, under s 20D, the provider may apply to the court for an order that the claim not proceed. The court then considers the justice of the case (s 20E). For example, it looks at the extent of the injuries and the reason for the delay. It also weighs any prejudice to the provider and the parties’ conduct.
There can be a cost to families, though. If the claim continues, s 20F can exclude some amounts for the period before the parent gave Part 1. This applies unless the court orders otherwise. These are the parent’s own medical, other and legal costs, and the value of care the parent provided free.
The initial notice for medical incidents
Where the birth injury involved a doctor, the claim also starts with an initial notice under PIPA s 9A. The Act defines a “medical incident” as an accident, act, omission or circumstance involving a doctor during the provision of medical services. The notice must state the child’s details, the services involved, when and where the provider gave them, and the injury.
For a public hospital run by a Hospital and Health Service, the notice goes to its health service chief executive (s 9A(7)). The provider must then reply within 1 month. It must say whether it holds documents about the services and give you copies (s 9A(8)). Later, Part 1 must include a medical specialist’s report (s 9A(9)). It must state that care fell below an appropriate standard, give reasons, and say the child suffered injury as a result.
Birth injury claim court time limits
The court time limit for a child is longer than the usual 3 years. Under LAA s 5(2), a person is under a disability while they are a child (“an infant”) or of unsound mind. Under s 29(2)(c), a personal injury action must then be brought within 3 years after the disability ends. For a child, that is generally by their 21st birthday.
Some children with a serious birth injury may also have impaired capacity as adults. In that case, the disability may not end at 18, and the dates can differ. Separately, PIPA s 19 suspends a child’s PIPA obligations during a legal disability. Still, a parent can act earlier. Because s 20C can still apply, it helps to check your family’s dates early.
|
Step |
Time limit |
Law |
|---|---|---|
|
Initial notice (if a doctor was involved) |
The earlier of 9 months after the incident (or first symptoms) and 1 month after first instructing a law practice. Obligations may be suspended while the claimant is a child |
PIPA ss 9A(4), 19 |
|
Provider’s reply and copies of records |
Within 1 month after receiving the initial notice |
PIPA s 9A(8) |
|
Part 1 of the Notice of Claim (child, medical treatment) |
Before the earlier of 6 years after the parent knew or ought to have known of the injury and 18 months after the parent first consults a lawyer about damages |
PIPA s 20C |
|
Starting court proceedings |
Generally 3 years after the disability ends. For a child, generally by their 21st birthday |
LAA ss 5(2), 29(2)(c) |
Adverse event notices and apologies
Sometimes a provider writes to the family about what happened. Under PIPA s 20G, a provider who treated a child may give a parent a written notice of an adverse event. It may include an expression of regret or an offer to remedy the harm. Such a notice is not an admission of liability.
This notice affects timing. If the provider gives one and Part 1 is then late under s 20C, the claim needs the court’s leave (s 20H). In that case, the claimant must show why the claim should proceed. Separately, CLA s 72 says an expression of regret made before court proceedings start is not admissible in those proceedings.
Health Ombudsman complaints
Many families want answers before they think about compensation. The Office of the Health Ombudsman (OHO) is the single entry point for complaints about health practitioners and services in Queensland. It suggests first raising concerns with the provider where appropriate. However, its FAQs say it “cannot compel a health service provider to compensate you for pain, suffering or loss of income”. Some complaints go to conciliation, where the parties may negotiate refunds or future treatment costs.
A complaint can also matter for PIPA deadlines. Under s 9A(6A)(c) and s 9(6)(c), a timely complaint gives you a reasonable excuse for a late notice. It must be made to the Health Ombudsman within 2 years of becoming aware of the matter. You must then give the notice as soon as practicable after the OHO finalises the complaint.
Getting support and advice
These rules are complex, and the dates can run while you focus on your child’s care. A lawyer can tell you which deadlines apply and what evidence you need. Our guide to lawyer fees explains costs and the 50/50 rule, and our compare page shows how we assess firms.
Frequently asked questions
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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