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
- 1RecordsGet your medical records and write down what happened
- 2Your stateFind the time limit where your treatment happened
- 3Expert reviewAn independent expert compares your care with the standard
- 4Pre-court stepsSome states require early notice of the claim
- 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
| State | Time limit | Pain & suffering | Before court | Complaints |
|---|---|---|---|---|
| NSW | Starts when you found out; up to 12 years after treatment | 15% threshold; capped at $804,000 | No formal notice scheme | Health Care Complaints Commission |
| Victoria | Starts when you found out; up to 12 years; extendable | Significant injury threshold; capped | No formal notice scheme | Health Complaints Commissioner |
| Queensland | From the injury; extendable if you learn a decisive fact later; children until 21 | Injury scale; capped at $494,150 (2026–27) | PIPA notice, often within 9 months | Office of the Health Ombudsman |
| WA | From awareness of the injury; extendable | Threshold and deduction | No formal notice scheme | HaDSCO |
| SA | From the injury; extendable if facts emerge later | Injury scale; threshold and cap | Written notice, generally within 6 months | HCSCC |
| Tasmania | Starts when you found out; up to 12 years; extendable | Threshold and deduction | No formal notice scheme | Health Complaints Commissioner |
| ACT | Strict: 3 years from the injury; very limited extensions | No cap | Notice of claim under the Civil Law (Wrongs) Act | Health Services Commissioner |
| NT | From the injury; extendable if facts emerge later | 5% impairment threshold; capped at $850,000 (2026–27) | No formal notice scheme | Health 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:
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 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.
- Consent: doctors must warn you of material risks, under the High Court's decision in Rogers v Whitaker.
- Evidence: claims are built on your records and independent expert opinion. Start with getting your medical records.
- Complaints don't stop the clock: see complaint or claim.
- Read more: how a claim works, what you can claim and how much, and costs and how a claim is funded.
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
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 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.
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.