Queensland Consolidated Acts

CORONERS ACT 2003 - SECT 10AA

(1) A person's death is a health care related death if, after the commencement, the person dies at any time after receiving health care that—

(a) either—

(i) caused or is likely to have caused the death; or

(ii) contributed to or is likely to have contributed to the death; and

(b) immediately before receiving the health care, an independent person would not have reasonably expected that the health care would cause or contribute to the person's death.

(2) A person's death is also a health care related death if, after the commencement, the person dies at any time after health care was sought for the person and the health care, or a particular type of health care, failed to be provided to the person and—

(a) the failure either—

(i) caused or is likely to have caused the death; or

(ii) contributed or is likely to have contributed to the death; and

(b) when health care was sought, an independent person would not have reasonably expected that there would be a failure to provide health care, or the particular type of health care, that would cause or contribute to the person's death.

(3) For this section—

(a) health care contributes to a person's death if the person would not have died at the time of the person's death if the health care had not been provided; and

(b) a failure to provide health care contributes to a person's death if the person would not have died at the time of the person's death if the health care had been provided.

(4) For this section, a reference to an independent person is a reference to an independent person appropriately qualified in the relevant area or areas of health care who has had regard to all relevant matters including, for example, the following—

(a) the deceased person's state of health as it was thought to be when the health care started or was sought;

Example of a person's state of health—

an underlying disease, condition or injury and its natural progression

(b) the clinically accepted range of risk associated with the health care;

(c) the circumstances in which the health care was provided or sought.

Example for paragraph (c)—

It would be reasonably expected that a moribund elderly patient with other natural diseases would die following surgery for a ruptured aortic aneurysm.

(5) In this section—

commencement means the commencement of this section.

health care means—

(a) any health procedure; or

(b) any care, treatment, advice, service or goods provided for or purportedly for the benefit of human health.