Cheryl Ann Ringelstein v Metro North Hospital and Health Service [2025] QSC 75 (Link to JADE).
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 has undergone further operations to remedy what she says are the consequences of the negligence of the surgeon. Almost 20 years later on 23 June 2023 Mrs Ringelstein commenced this proceeding claiming damages for negligence.
The plaintiff sought an order under s 31(2) of the Limitation of Actions Act 1974 (Qld) that the time for commencement of this proceeding be extended to 23 June 2023. Her application was dismissed.
Having reviewed the evidence the court said at [44]:
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.
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