Lawsuit claims hospitals ignored patients, treated mums unfairly. Kids have died

A class action has been filed against the Queensland government alleging the Health Department withheld adequate medication and was racially discriminatory towards patients, forcing some mothers to seek alternative hospitals, only for their children to die.

The lawsuit, filed on behalf of Aboriginal and Torres Strait Islander patients, alleges their concerns were dismissed, and they were delivered substandard care over three decades.

The claim focuses on First Nations patients in the health districts of North West Hospital and Health Service and the Torres and Cape Hospital and Health Service. Credit: Dan Peled

Queensland Health is accused of failing to provide appropriate medical treatment to First Nations people in the health districts of North West Hospital and Health Service and the Torres and Cape Hospital and Health Service.

Rebecca Jancauskas, the director of firm JGA Saddler which filed the suit, said she had heard heartbreaking stories of First Nations patients being ignored, misdiagnosed or dismissed in ways she said would not happen to other Australians.

Jancauskas said the firm was aware of reports of children having passed away as a result of allegedly substandard medical assessment or treatment.

JGA director Rebecca Jancauskas says no one should be treated differently in hospitals because of their race.

“Imagine the anguish of being a parent of a child in significant, ongoing pain, presenting to hospital on multiple occasions, only to have your concerns dismissed without adequate investigation,” she said.

“After repeatedly seeking help, you are forced to advocate for a transfer to another hospital for appropriate care, but by then, it is too late, and your child dies.

“This has sadly been the experience of Aboriginal and Torres Strait Islander people who have sought medical care from public hospitals and health services in these regions.”

Jancauskas said the government needed to be held accountable for systemic practices that had resulted in some Aboriginal and Torres Strait Islander people receiving a lower standard of care.

“This case is about ensuring those voices are heard, and change is made.

“No one should be treated differently in our hospitals because of their race.”

The government allegedly failed to address systemic racism in the provision of healthcare for the past 30 years, according to the claim, despite investigations and inquiries, Jancauskas said.

The claim alleged there were breaches of the Racial Discrimination Act 1975.

“This case goes beyond individual harm. It challenges a pattern of institutional racism that continues to impact the health and lives of First Nations people across Queensland,” Jancauskas said.

Queensland Health declined to comment on the case, with the matter before the court.

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