What counts as medical negligence?

Medical negligence occurs when a healthcare provider’s treatment falls below the accepted standard of care, and that failure causes you harm. This includes surgical errors, misdiagnosis, delayed diagnosis, medication errors, failure to obtain informed consent, and birth injuries.

I signed a consent form. Can I still claim?

Yes. A consent form acknowledges risks, but it does not protect a doctor from negligence. If the doctor made an error that a competent practitioner wouldn’t have made, or if they failed to warn you of a material risk, you may still have a claim.

How do I prove it was negligence and not just a bad outcome?

Not every bad medical outcome is negligence. You need expert medical opinion from an independent specialist confirming the treatment fell below the accepted standard. A medical negligence lawyer will arrange this assessment for you.

Can I claim against a public hospital?

Yes. Public hospitals are covered by government indemnity schemes. The process may differ slightly from claiming against a private practitioner, but the right to claim is the same.

What is the time limit for medical negligence claims?

Generally 3 years from the date you became aware (or should have become aware) of the negligence. This “date of knowledge” rule means the clock may start later than the treatment itself. There are also extensions for minors. A lawyer can confirm your specific deadline.

Medical Negligence Claim in Perth | Free Estimate | ClaimCheck

A medical negligence (clinical negligence) claim arises when a healthcare provider — including doctors, surgeons, hospitals, nurses, dentists, or allied health professionals — fails to meet the accepted standard of care, causing injury or death. The standard is judged against what a competent professional in that speciality would have done in the same circumstances. Common grounds include misdiagnosis, surgical error, failure to obtain informed consent, medication errors, and birth injuries.

Who can make a claim?

You received medical treatment from a healthcare professional or institution
The care fell below the accepted standard that a competent practitioner would have provided
The substandard care caused you injury, worsened your condition, or caused you to miss a better outcome
You have suffered losses as a result — ongoing medical costs, lost income, pain and suffering, or reduced life expectancy
The incident occurred within the applicable limitation period (running from when you discovered the negligence)

Time limits by state

Missing a deadline can permanently bar your claim. Check the time limit for your state.

State / Territory	Time Limit	Notes
New South WalesNSW	3 years (from discoverability)	Maximum 12 years from date of negligent act (long-stop). Limitation Act 1969, s 50C. Extension possible if not discoverable.
VictoriaVIC	3 years (from discoverability)	Maximum 12-year long-stop. Limitation of Actions Act 1958. For cases of fraud or concealment the long-stop may be disapplied.
QueenslandQLD	3 years (from discoverability)	Limitation of Actions Act 1974. Courts have discretion to extend where not discoverable within time.
Western AustraliaWA	3 years (from discoverability)	Limitation Act 2005. Courts may extend where the claimant did not have sufficient knowledge.
South AustraliaSA	3 years (from discoverability)	Limitation of Actions Act 1936 (as amended). Runs from date of discoverability.
TasmaniaTAS	3 years (from discoverability)	Limitation Act 1974.
Australian Capital TerritoryACT	3 years (from discoverability)	Limitation Act 1985.
Northern TerritoryNT	3 years (from discoverability)	Limitation Act 1981.

The limitation period begins when you knew (or ought to have known) that the injury was caused by substandard care — not necessarily the date of treatment. If you only recently discovered a possible link, you may still be within time. Seek legal advice urgently.

How the claims process works

1
Obtain your medical records
Request complete records from every treating provider. Under Australian privacy law you are entitled to access your records. Your lawyer can assist if access is delayed or denied.
2
Independent expert review
A specialist in the relevant field reviews your records and provides an opinion on whether the care fell below the accepted standard and whether that caused your harm. This is essential to establish liability.
3
Letter of demand and disclosure
Your lawyer sends a letter of demand to the defendant and their insurer, outlining the alleged negligence. Most states have mandatory pre-litigation disclosure requirements.
4
Pre-litigation negotiation
Parties exchange expert reports and information. Many medical negligence claims settle at this stage once liability is established, avoiding the cost and delay of court proceedings.
5
Mediation
If no settlement is reached, parties often attend formal mediation with an independent mediator — a more efficient and private alternative to a trial.
6
Court proceedings
If mediation fails, your lawyer files in the Supreme Court or equivalent. Medical negligence trials are complex, but experienced no-win no-fee lawyers only proceed where the case is strong.

Harmed by medical treatment? Understand what your claim could be worth.

Who can make a claim?

Time limits by state

How the claims process works

Obtain your medical records

Independent expert review

Letter of demand and disclosure

Pre-litigation negotiation

Mediation

Court proceedings

Questions people ask after experiencing medical harm

What you could be entitled to

Corrective treatment costs

Lost income and earning capacity

Pain, suffering, and loss of amenity

Ongoing care costs

People who checked their medical negligence claim

Medical negligence FAQs

Find out what your medical negligence claim could be worth