Medical negligence claims by state

Last updated 3 November 2026

The short answer

Medical negligence law in Australia is state law. Where your treatment happened decides how long you have to claim, what you must do before going to court, and how compensation is calculated. Choose the state or territory where your treatment happened:

A claim anywhere in Australia · tap a step to read about it

  1. 1RecordsGet your medical records and write down what happened
  2. 2Your stateFind the time limit where your treatment happened
  3. 3Expert reviewAn independent expert compares your care with the standard
  4. 4Pre-court stepsSome states require early notice of the claim
  5. 5ResolutionMost claims settle by negotiation or mediation

Don't rule yourself out: in most states the clock starts when you found out, not on the day of the operation, and courts can extend time. Once it is running, a complaint doesn't pause it, so ask early.

We are based in Newcastle, NSW, and act for people injured by medical care across Australia. Most of a claim is records, expert reports and meetings, which work well by phone and video.

The key differences at a glance

StateTime limitPain & sufferingBefore courtComplaints
NSWStarts when you found out; up to 12 years after treatment15% threshold; capped at $804,000No formal notice schemeHealth Care Complaints Commission
VictoriaStarts when you found out; up to 12 years; extendableSignificant injury threshold; cappedNo formal notice schemeHealth Complaints Commissioner
QueenslandFrom the injury; extendable if you learn a decisive fact later; children until 21Injury scale; capped at $494,150 (2026–27)PIPA notice, often within 9 monthsOffice of the Health Ombudsman
WAFrom awareness of the injury; extendableThreshold and deductionNo formal notice schemeHaDSCO
SAFrom the injury; extendable if facts emerge laterInjury scale; threshold and capWritten notice, generally within 6 monthsHCSCC
TasmaniaStarts when you found out; up to 12 years; extendableThreshold and deductionNo formal notice schemeHealth Complaints Commissioner
ACTStrict: 3 years from the injury; very limited extensionsNo capNotice of claim under the Civil Law (Wrongs) ActHealth Services Commissioner
NTFrom the injury; extendable if facts emerge later5% impairment threshold; capped at $850,000 (2026–27)No formal notice schemeHealth and Community Services Complaints Commission

A summary only. Each rule has exceptions, explained on the state's page.

What's the same everywhere

In every state and territory, a claim needs all three of these:

1

Care fell short

Your care was below what was accepted as competent practice at the time.

In plain terms: experts compare your care with the guidelines of the day.

AND
2

It caused harm

That shortfall caused your injury, or made it worse than it would have been.

In plain terms: better care would have made a real difference.

AND
3

You claim in time

You start the claim within the time limit of the state where your treatment happened.

In plain terms: in most states the clock starts when you found out, not on the day of the operation.

Start with what happened to you

Not sure where you stand?

We can check which state's rules apply, where you are with time limits, and whether your care fell short. It's confidential, and there's no cost to find out.

ContactFree case review

About the author and editorial standards

Written by Dr Rosemary Listing, PhD (Law). Rosemary is a medical negligence specialist and Of Counsel at Peter Evans & Associates in Newcastle, NSW. She has practised since 2013, worked on many hundreds of claims, and acts for people injured by medical care across Australia. Her doctoral research examined patterns of failure in medical negligence, and she is a Sessional Lecturer in Health Law at the University of Newcastle.

Rosemary is not medically qualified. Legal information on this page reflects the law as at the date below and is checked against the legislation listed in the references. Thresholds and caps change, usually each year. Read our editorial standards.

Last updated 3 November 2026. Next review May 2027.

This page is general information only. It isn't legal advice about your situation, and reading it doesn't create a lawyer and client relationship. Time limits are strict and the rules have exceptions, so please get advice about your own circumstances. If you are in crisis, call 000 or Lifeline on 13 11 14. Legal services are provided by Peter Evans & Associates.

Contact Dr Rosemary Listing At Peter Evans & Associates

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