Medical negligence claims
Hurt during medical care? You don't need to be sure before you ask. Finding out is our job.
Contact Free case reviewThe short answer
Not every bad outcome is negligence. A claim arises when your care fell below what a competent practitioner would have provided, and that caused you harm.
Where to start, at a glance
- 1What happenedFind your area of care
- 2Was it negligence?The three tests
- 3Time limitsOften later than you think
- 4Before you decideRecords, costs, options
- 5Talk to usFree, confidential review
At any stage: you can contact us without working any of this out first.
Our work
What happened to you?
Choose the area closest to your experience.
- 1
Birth trauma and obstetric negligence
Injuries to mothers and babies
Explore → - 2
Cosmetic and breast surgery
Results and risks nobody explained
Explore → - 3
Oral, maxillofacial and dental negligence
Nerve injury, jaw and dental surgery
Explore → - 4
Endometriosis and gynaecology
Dismissed symptoms and surgical injury
Explore → - 5
Medication, drug and device harm
Wrong doses, failed implants
Explore → - 6
Missed and delayed diagnosis
Cancer, infection and sepsis found late
Explore → - 7
Spinal and neurosurgical negligence
Spine, nerve and brain injury
Explore → - 8
Surgical errors and hospital negligence
Theatre, ward and emergency care
Explore →
Not sure which fits? Browse all articles.
The legal test
Was it negligence?
A claim needs all three.
Care fell short
Below accepted practice at the time.
In plain terms: it shouldn't have been done that way.
It caused harm
Proper care would likely have avoided it.
In plain terms: it made a real difference.
You're within time
Usually counted from when you found out.
In plain terms: years ago may still count.
Law: Civil Liability Act 2002 (NSW) s 5O · Rogers v Whitaker (warning of risks) · Tabet v Gett (causation)
Treated years ago? You may still be in time.
The clock usually starts when you learned you were injured and why, not on the day of treatment.
Your options
Before you decide
- A
Complaint or claim?
Answers, compensation, or both
Read → - B
Getting your records
What to ask for, and from whom
Read → - C
Costs and funding
Who pays, and when
Read → - D
What you can claim
Treatment, income, care, pain
Read →
For two years I told myself it was normal. When I finally rang, someone listened. For the first time, I wasn't the only one taking it seriously.
A composite story drawn from many people I have worked with, changed so no one can be identified.
Common questions
Questions people ask me
Does it cost anything to find out?
No. The first conversation and case review are free. See costs.
Do I need my records first?
No. We can request them for you.
Will I have to go to court?
Rarely. Most claims settle by negotiation or mediation.
How long does a claim take?
We aim to resolve claims within 18 to 24 months.
Something doesn't feel right?
Talk it through with us. It's confidential, and free to find out where you stand.
Contact Free case reviewWritten by Dr Rosemary Listing, PhD (Law), medical negligence specialist and Of Counsel at Peter Evans & Associates. Her doctoral research examined patterns of failure in medical negligence. She is not medically qualified. Read our editorial standards.
References: Rogers v Whitaker (1992) 175 CLR 479; Tabet v Gett (2010) 240 CLR 537; Civil Liability Act 2002 (NSW) ss 5B, 5D, 5O; Limitation Act 1969 (NSW) s 50C.
General information only, not legal or medical advice. In an emergency call 000. Lifeline: 13 11 14. Legal services are provided by Peter Evans & Associates.
