My enquiry relates to the statute of limitations on a medical negligence claim.
My current understanding in Qld is that you have 3 years in which to make a claim, however, when does the 3 years commence.
For example, if an incorrect diagnosis caused a person to be classified as mentally impaired and thus their finances were enforced under the control of State Trustees for 2 years, until they proved they were mentally competent, does the statute of limitations commence at the end of the 2 years, or does it commence from the date of the original diagnosis.
For over 2 years they were deemed mentally incompetent to commence legal proceedings, neither did they have any control of their finances.
Surely there must be an exception to the general 3 year rule?
My current understanding in Qld is that you have 3 years in which to make a claim, however, when does the 3 years commence.
For example, if an incorrect diagnosis caused a person to be classified as mentally impaired and thus their finances were enforced under the control of State Trustees for 2 years, until they proved they were mentally competent, does the statute of limitations commence at the end of the 2 years, or does it commence from the date of the original diagnosis.
For over 2 years they were deemed mentally incompetent to commence legal proceedings, neither did they have any control of their finances.
Surely there must be an exception to the general 3 year rule?
