In June 2004, the plaintiff Cheryl Ringelstein was admitted to Caboolture Hospital and underwent a total abdominal hysterectomy and posterior repair performed by a surgeon. Since then, she had experienced a number of ill-effects and undergone numerous invasive surgeries to remedy what she says are the consequences of the negligence of the surgeon.
In 2008 and 2010 she approached two law firms (Clewett Lawyers and Slater & Gordon Lawyers) to explore opportunities for legal action. Both firms asked her to pay for an expert report which she could not afford. She was referred to the Queensland Law Society but she did not contact them. She then took no further action between 2010 and 2022.
In June 2022, after hearing of a tv program featuring a whistleblower who had spoken of complications from surgeries conducted at the hospital, she had a meeting with representatives of the hospital. At this meeting the hospital allegedly admitted fault when Mrs Ringelstein was told it was “terrible what had happened and it should not have happened” followed by a letter from the hospital stating that the care she had been provided “was below the expected standard”. She was also offered a goodwill payment of $10,000.
In June 2023, almost 20 years following the surgery, Mrs Ringelstein commenced a proceeding claiming damages for medical negligence.
Limitation period and extension of time
A claim for damages arising from medical negligence must be commenced within 3 years, although it can be extended by Court order. In this case the judge ultimately refused to extend the limitation period.
The plaintiff sought an order to extend the time for commencement of this proceeding to 23 June 2023 (instead of the usual 3 year limitation of actions) on the basis that the hospital did not admit liability until the June 2022 meeting and she did not obtain an expert medical report about the surgeon’s negligence until October 2023. The judge stated “… some six years after the surgery, Mrs Ringelstein knew that the limitation period had expired, that she could make an application to extend the time, and that she had to act quickly to obtain the necessary evidence. Yet she did nothing until, at the earliest, June 2022, when she had a meeting with Metro North representatives. She then did not retain Slater & Gordon… until March 2023. Thus, she did nothing to investigate her legal situation or seek any assistance for at least 12 years.”
Having reviewed the evidence Judge said: “Even after taking into account all of Mrs Ringelstein’s personal circumstances, there is no evidence to satisfactorily explain the lengthy delay in pursuing this matter. I find that Mrs Ringelstein failed to take all reasonable steps to obtain the relevant facts – whether that be the statements made to her in June 2022 or the reports of Dr Reid in 2023.”
Mrs Ringelstein clearly sustained lifelong injuries and suffered immensely since her surgery in 2004. However, the judge in this case was unwilling to look past her 12 years of inaction.
