The short answer
If you were harmed by medical care in Western Australia, Western Australia's law decides your claim. Here is what matters most:
When the clock starts
When you first knew of the injury or its first signs, and courts can extendExtensions
Up to 3 more years in some casesStandard of care
Peer professional opinion testComplaints
HaDSCOA summary only. Each rule has exceptions, explained below.
A claim in WA at a glance · tap a step to read about it
- 1RecordsGet your medical records and write down what happened
- 2When you found outThe clock often starts later than the operation
- 3Expert reviewAn independent expert compares your care with the standard
- 4Letter of claimWe set out the claim and invite a response
- 5ResolutionMost claims settle by negotiation or mediation
Don't rule yourself out: the clock may have started later than you think. Once it is running, a complaint doesn't pause it, so ask early.
Time limits, what you must do before going to court, and how compensation is worked out all differ from state to state. This page sets out Western Australia's rules in plain language. We are based in Newcastle, NSW, and act for people across Australia.
What every claim needs
Whichever state you're in, a medical negligence claim needs all three of these. What medical negligence is explains the basics.
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.
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.
You claim in time
You start the claim within Western Australia's time limit.
In plain terms: the clock starts when you knew of the injury, and it can be extended.
Time limits in Western Australia
Operation years ago?
Possibly, yes. In WA the clock starts when you first knew you had a "not insignificant" injury, or from its first clinical signs. If you didn't know about a relevant matter until recently, a court can extend time by up to three years (s 39), and courts look closely at what you knew, and when.
So an operation five or six years ago is not automatically out of time. It depends on what you knew, and when.
The detail
In Western Australia, a personal injury claim generally has to be started within three years. Time runs from when you first knew you had suffered a "not insignificant" injury, or from the first clinical sign of it, whichever is earlier (Limitation Act 2005 (WA) ss 14, 55).
A court can extend time by up to three years where you weren't aware of a relevant matter when the period expired (s 39). The courts have recently considered how this works in a medical negligence case: see what Hyde v South Metropolitan Health Service means for late claims.
Children: separate rules apply to people injured while under 18. Ask early rather than assume time is suspended.
How Western Australia judges whether care was negligent
Western Australia's Civil Liability Act 2002 (WA) includes a peer professional opinion test for health professionals (s 5PB): care is not negligent if it was widely accepted by the health professional's peers as competent practice, unless the court finds that practice irrational. Warnings about risk are judged under Rogers v Whitaker.
Compensation in Western Australia
WA uses a threshold and deduction system for pain and suffering. Smaller claims receive nothing, and claims just above the threshold are reduced. The amounts are indexed each year. Lost earnings, treatment costs and care are claimed separately and are capped in some respects. Our compensation guide explains each part.
Before going to court
There is no PIPA-style compulsory notice scheme for medical negligence in WA, but the short limitation period and how it starts means early advice matters.
Whatever state you're in, the first steps are the same: get your medical records, write down what happened while you remember it, and get independent advice. Read how a claim works.
Complaints in Western Australia
Complaints about health services in WA go to the Health and Disability Services Complaints Office (HaDSCO). Complaints about an individual practitioner can also go to Ahpra. Neither stops the time limit running. See complaint or claim: which is right for you?
Start with what happened to you
Birth trauma
Injuries to mothers and babies in pregnancy, labour and birth
2Face, mouth & jaw
Nerve injury after dental, jaw and facial procedures
3Cosmetic & breast
Implants, infection, poor results and filler injuries
4Missed diagnosis
When a condition was caught too late, or not at all
5Spinal & neuro
Nerve damage and missed red flags around spinal care
6Surgery & hospital
Errors in theatre, on the ward and in hospital systems
7Endometriosis & gynae
Years of dismissal, and harm in gynaecological surgery
8Medication & devices
Prescribing harm, unwarned side effects and recalls
Questions people ask
How long do I have to make a medical negligence claim in Western Australia?
Often longer than people think. The clock usually doesn't start on the day of your treatment, and courts can extend time in some situations, so someone whose operation was six years ago may still be able to claim. The rules for Western Australia are set out above. Please get advice about your own dates rather than ruling yourself out.
Can a lawyer in Newcastle act for me in Western Australia?
Yes. Peter Evans & Associates acts for people across Australia. Most of a medical negligence case is records, expert reports and meetings, which work well by phone and video, and we brief local counsel and experts where a case needs them.
Does making a complaint stop the time limit?
No. A complaint to a health complaints body or Ahpra can run alongside a claim, but the limitation period keeps running while it is dealt with.
Will it cost me anything to find out if I have a claim?
No. The first conversation and our free case review cost nothing, and there is no commitment to go further. See costs and how a claim is funded.
Questions about your care in Western Australia?
We can look at what happened, check where you stand on time limits, and tell you plainly whether your care fell short. It's confidential, and there's no cost to find out.
ContactFree case reviewAbout 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.
References
- Limitation Act 2005 (WA) ss 14, 39, 55
- Civil Liability Act 2002 (WA) ss 5PB, 9, 10, 11
- Hyde v South Metropolitan Health Service
- Rogers v Whitaker (1992) 175 CLR 479; [1992] HCA 58
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.
Other states and territories