sch.1-sec.8Information relevant to health care claims

### sch.1-sec.8 Information relevant to health care claims Each of the following particulars for a health care claim— a description of the medical condition for which the injured person sought treatment; the aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition; the nature, type and severity of symptoms alleged to have arisen from the treatment; if applicable, the name, address and, if known, telephone number of each health care provider who treated the injured person in relation to the medical condition for which treatment was sought during the 3 years before the day the person started receiving the treatment alleged to have given rise to the personal injury; if the injured person made a complaint to a health service complaints entity under a health service complaints Act about a person alleged to have caused the personal injury— the date the complaint was made; and if the complaint was finalised under the health service complaints Act— brief details of how the complaint was dealt with; and the date the complaint was finalised; if the claim relates to an alleged failure of the health care provider to inform or adequately inform the injured person of the risks involved in the treatment sought— the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and if written or oral information or a warning was given to the injured person by the health care provider about the treatment— the date and place the information or warning was given; and details of the information or warning including what the injured person was informed or warned about; and the risks about which the injured person should have been informed, or adequately informed, by the health care provider; if written or oral consent was given by the injured person to the health care provider about the treatment alleged to have given rise to the personal injury, the date and place the consent was given; the name, address and, if known, telephone number of each health care provider who provided the injured person with information or an explanation about the personal injury or an aggravation of a pre-existing injury alleged to have arisen from the treatment. In this section— health service complaints Act means an Act mentioned in the definition health service complaints entity , paragraph (a) , (b) or (c) . health service complaints entity means— the health ombudsman under the Health Ombudsman Act 2013 ; or the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or the Health Rights Commission under the repealed Health Rights Commission Act 1991 . (sch.1-sec.8-ssec.1) Each of the following particulars for a health care claim— a description of the medical condition for which the injured person sought treatment; the aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition; the nature, type and severity of symptoms alleged to have arisen from the treatment; if applicable, the name, address and, if known, telephone number of each health care provider who treated the injured person in relation to the medical condition for which treatment was sought during the 3 years before the day the person started receiving the treatment alleged to have given rise to the personal injury; if the injured person made a complaint to a health service complaints entity under a health service complaints Act about a person alleged to have caused the personal injury— the date the complaint was made; and if the complaint was finalised under the health service complaints Act— brief details of how the complaint was dealt with; and the date the complaint was finalised; if the claim relates to an alleged failure of the health care provider to inform or adequately inform the injured person of the risks involved in the treatment sought— the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and if written or oral information or a warning was given to the injured person by the health care provider about the treatment— the date and place the information or warning was given; and details of the information or warning including what the injured person was informed or warned about; and the risks about which the injured person should have been informed, or adequately informed, by the health care provider; if written or oral consent was given by the injured person to the health care provider about the treatment alleged to have given rise to the personal injury, the date and place the consent was given; the name, address and, if known, telephone number of each health care provider who provided the injured person with information or an explanation about the personal injury or an aggravation of a pre-existing injury alleged to have arisen from the treatment. (sch.1-sec.8-ssec.2) In this section— health service complaints Act means an Act mentioned in the definition health service complaints entity , paragraph (a) , (b) or (c) . health service complaints entity means— the health ombudsman under the Health Ombudsman Act 2013 ; or the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or the Health Rights Commission under the repealed Health Rights Commission Act 1991 . - (a) a description of the medical condition for which the injured person sought treatment; - (b) the aspect of the treatment alleged to have given rise to the personal injury or to have aggravated a pre-existing injury or condition; - (c) the nature, type and severity of symptoms alleged to have arisen from the treatment; - (d) if applicable, the name, address and, if known, telephone number of each health care provider who treated the injured person in relation to the medical condition for which treatment was sought during the 3 years before the day the person started receiving the treatment alleged to have given rise to the personal injury; - (e) if the injured person made a complaint to a health service complaints entity under a health service complaints Act about a person alleged to have caused the personal injury— (i) the date the complaint was made; and (ii) if the complaint was finalised under the health service complaints Act— (A) brief details of how the complaint was dealt with; and (B) the date the complaint was finalised; - (i) the date the complaint was made; and - (ii) if the complaint was finalised under the health service complaints Act— (A) brief details of how the complaint was dealt with; and (B) the date the complaint was finalised; - (A) brief details of how the complaint was dealt with; and - (B) the date the complaint was finalised; - (f) if the claim relates to an alleged failure of the health care provider to inform or adequately inform the injured person of the risks involved in the treatment sought— (i) the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and (ii) if written or oral information or a warning was given to the injured person by the health care provider about the treatment— (A) the date and place the information or warning was given; and (B) details of the information or warning including what the injured person was informed or warned about; and (iii) the risks about which the injured person should have been informed, or adequately informed, by the health care provider; - (i) the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and - (ii) if written or oral information or a warning was given to the injured person by the health care provider about the treatment— (A) the date and place the information or warning was given; and (B) details of the information or warning including what the injured person was informed or warned about; and - (A) the date and place the information or warning was given; and - (B) details of the information or warning including what the injured person was informed or warned about; and - (iii) the risks about which the injured person should have been informed, or adequately informed, by the health care provider; - (g) if written or oral consent was given by the injured person to the health care provider about the treatment alleged to have given rise to the personal injury, the date and place the consent was given; - (h) the name, address and, if known, telephone number of each health care provider who provided the injured person with information or an explanation about the personal injury or an aggravation of a pre-existing injury alleged to have arisen from the treatment. - (i) the date the complaint was made; and - (ii) if the complaint was finalised under the health service complaints Act— (A) brief details of how the complaint was dealt with; and (B) the date the complaint was finalised; - (A) brief details of how the complaint was dealt with; and - (B) the date the complaint was finalised; - (A) brief details of how the complaint was dealt with; and - (B) the date the complaint was finalised; - (i) the date, time and place of each consultation with the health care provider at which it is alleged information of the risks should have been given; and - (ii) if written or oral information or a warning was given to the injured person by the health care provider about the treatment— (A) the date and place the information or warning was given; and (B) details of the information or warning including what the injured person was informed or warned about; and - (A) the date and place the information or warning was given; and - (B) details of the information or warning including what the injured person was informed or warned about; and - (iii) the risks about which the injured person should have been informed, or adequately informed, by the health care provider; - (A) the date and place the information or warning was given; and - (B) details of the information or warning including what the injured person was informed or warned about; and - (a) the health ombudsman under the Health Ombudsman Act 2013 ; or - (b) the Health Quality and Complaints Commission under the repealed Health Quality and Complaints Commission Act 2006 ; or - (c) the Health Rights Commission under the repealed Health Rights Commission Act 1991 .