In the case of Rodgers v Chinsee [2024] QDC 55, the District Court of Queensland reviewed an application by Cassann Rodgers against Ian Chinsee, a cosmetic doctor, in relation to personal injuries sustained from breast augmentation surgeries performed by Chinsee between September 2017 and August 2018. Rodgers sought an extension of the limitation period, arguing that material facts of a decisive character relating to her claim were not within her means of knowledge until after the usual limitation period had expired. These facts related to the use of non-TGA approved implants and subsequent complications, as well as allegations of negligence in the post-operative care.
Rosengren DCJ granted the extension, accepting that Rodgers could not have been aware of these decisive facts until after the limitation period expired. The case highlights the complexities surrounding medical negligence claims, particularly the challenges patients face in understanding the full extent of their medical treatment and its implications. Rodgers' case against Chinsee was allowed to proceed, emphasizing the court's willingness to consider unique circumstances in personal injury claims that involve delayed knowledge of potential negligence.