Initial notice and time limits for medical negligence claims in Queensland (2026)
In Queensland, a medical negligence claim goes through the Personal Injuries Proceedings Act 2002. Before the usual Notice of Claim, you must give the health provider an initial notice under s 9A, generally by the earlier of 9 months after the medical incident (or first symptoms) and 1 month after you instruct a lawyer. Court proceedings generally have a 3-year limit.
Key takeaways
What a medical negligence claim is
A medical negligence claim seeks compensation for personal injury caused by a health provider’s negligent treatment, advice or care. In Queensland, it follows the same pre-court process as other claims under the Personal Injuries Proceedings Act 2002 (PIPA), with one extra step at the start: the initial notice.
Not every poor result is negligence. Whether a provider is legally responsible depends on the facts and on expert evidence, which this guide doesn’t assess. It explains the steps and time limits so you know what applies and when.
Medical negligence claim time limits at a glance
Medical claims have several notice steps before court. The table sets out the main deadlines in the order they arise.
|
Step |
Time limit |
Law |
|---|---|---|
|
Initial notice to the health provider |
The earlier of 9 months after the medical incident (or first appearance of symptoms) and 1 month after you first instruct a law practice, once the respondent is identified |
PIPA s 9A |
|
Part 1 of the Notice of Claim |
Given after the initial notice, within 12 months after the provider gives its response and documents. A medical specialist’s report must be given with it |
PIPA s 9A(9) |
|
Part 2 of the Notice of Claim |
Within 2 months after the respondent complies with s 10(1), or after s 13 presumes compliance |
PIPA s 9(3A) |
|
Compulsory conference |
The parties must hold it before court. A party can call it at a reasonable time after the relevant day (generally 6 months after a complying Part 1 notice) |
PIPA s 36 |
|
Starting court proceedings |
Generally 3 years from the date the cause of action arose |
LAA s 11 |
Step 1 in a medical negligence claim: the initial notice (s 9A)
The initial notice is the first formal step in a Queensland medical negligence claim. Under s 9A, the claimant must give it before Part 1 of the Notice of Claim, within the earlier of:
Why symptoms and lawyers affect the deadline
The 9-month period can start from the first appearance of symptoms, which matters in medical cases where harm may not be obvious straight away. Even so, write down when you first noticed symptoms and when someone told you something may have gone wrong.
The 1-month rule starts when you first instruct a law practice to act for you, not when you first look for information. Consulting a community legal service doesn’t start the 1-month clock for the Notice of Claim (s 9(9A)).
Step 2: the Notice of Claim (Parts 1 and 2)
After the initial notice, the claim continues with the PIPA Notice of Claim, but medical negligence claims follow their own timing. First, the provider has 1 month to tell you whether it holds documents about the treatment and to give you copies (s 9A(8)). Then Part 1 is due within 12 months after the provider does this, and the usual 9-month / 1-month rule in s 9(3) does not apply (s 9A(9)). Also, Part 1 must include a written report from a medical specialist. The report must say that care fell below an appropriate standard, why, and that this caused the injury. However, a report does not need to address an allegation of failure to warn of a risk (s 9A(10)).
Part 2 is due within 2 months after the respondent complies with s 10(1), or after s 13 presumes compliance (s 9(3A)). If a notice is late, the obligation to give it continues. In that case, the claimant must also give a reasonable excuse for the delay in Part 1 or by separate notice (s 9(5)).
Health Ombudsman complaints and late notices
Some people first make a complaint to the Office of the Health Ombudsman (OHO) before thinking about a legal claim. PIPA recognises this.
Under s 9(6)(c), a claimant is taken to have a reasonable excuse for a late Notice of Claim if both of the following apply. First, they made a complaint to the Health Ombudsman within 2 years of becoming aware of the matter. Second, they give the notice as soon as practicable after finalisation of the complaint.
A complaint is a separate process from a compensation claim. The court time limit under the Limitation of Actions Act still applies, so check how a complaint fits with your deadlines before relying on it.
Step 3: the compulsory conference and final offers
The parties must hold a compulsory conference before court proceedings start (s 36). Any party can call it at an agreed time or, after the relevant day (generally 6 months after a complying Part 1 notice), at a reasonable time it nominates.
If the claim doesn’t settle at the conference, the parties must exchange written final offers (s 39). Offers at or below the upper offer limit must exclude costs, a respondent denying liability must offer $nil, and offers stay open for 14 days.
|
Threshold (PIPA) |
Amount from 1 July 2026 |
|---|---|
|
Declared costs limit |
$4,960 |
|
Lower offer limit |
$59,300 |
|
Upper offer limit |
$98,890 |
Court time limits for a medical negligence claim, and exceptions
In general, the time limit for a personal injury action is 3 years after the cause of action arose (LAA s 11). The PIPA steps take time, so the 3 years can be shorter in practice than it sounds.
Exceptions that can matter in medical cases:
How courts measure general damages in a medical negligence claim
In claims governed by the Civil Liability Act 2003, the court gives general damages for pain, suffering and loss of amenities an Injury Scale Value (ISV) from 0 to 100. The court uses the ranges in Schedule 3 of the Civil Liability Regulation 2025 and ISVs given in similar earlier cases.
The court then converts the ISV to dollars using the indexation notice for the year the injury arose. For injuries arising from 1 July 2026, an ISV of 10 equals $21,850 and an ISV of 100 equals $494,150 (Civil Liability Indexation Notice 2026). General damages are only one part of a claim, and these figures don’t predict what any claim is worth.
Costs, refunds and getting advice
If a lawyer acts on a “no win, no fee” basis, the 50/50 rule in Legal Profession Act s 347 caps their claim-related costs at half of what remains after deducting refunds and disbursements. A law practice must give you costs disclosure before, or as soon as practicable after, it is retained.
Refunds can include Medicare benefits paid for injury-related services, which Services Australia can recover from settlements over $5,000, and Centrelink payments where the compensation includes an economic loss component. Our fees guide explains costs in more detail. If you are unsure which deadline applies to you, get advice from a Queensland lawyer.
Frequently asked questions
Sources
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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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