For children, a Notice of Claim Part 1 (NOC-1) must be delivered to the at-fault party before the earlier of:
- Six (6) years after the day a parent knew or ought reasonably have know that the injury had occurred; or
- Eighteen (18) months after the day a parent consults a lawyer about the possibility of making a claim.
If the Notice is not given as required, then the claim is not automatically barred, but the at-fault party may seek a Court Order preventing the claim proceeding further.
If the Court allows the claimant to proceed, you may still be prevented from recovering expenses incurred before giving the Notice including:
- Medical and other expenses
- Legal costs
- Any entitlement in respect of gratuitous domestic service you have provided.
To complicate matters further, if you receive at any stage from another party a written “Notice of Adverse Event Arising out of Treatment” then the requirement for you to give the NOC-1 within the time limits referred to above is more important. Rather than the at-fault party being able to obtain a Court order to stop the claim, the onus shifts to you to prove why you should be entitled to proceed with the claim. Even if the Court permits you, the above consequence relating to recoverable expenses will apply.
The eighteen (18) month time period is therefore absolutely critical.
Do you need professional advice on your circumstances? Please speak with one of our experienced Brisbane-based medical malpractice lawyers today.
What happens if the NOC-1 is submitted outside of the applicable time limit?
If you fail to lodge the NOC-1 within 12 months of the at-fault party supplying the documents, you must have a reasonable excuse for the delay. Speak to us today to see if we can help.