The short answer
If you were harmed by medical care in New South Wales, NSW law decides your claim. Here is what matters most:
When the clock starts
When you knew, or ought to have known, not the day of the operation. Up to 12 years after treatment, sometimes morePain & suffering
Only if at least 15% of a most extreme case; cappedStandard of care
Peer professional opinion test, s 5OComplaints
Health Care Complaints CommissionA summary only. Each rule has exceptions, explained below.
A claim in NSW 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 NSW 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 the NSW time limit.
In plain terms: the clock starts when you found out, not on the day of the operation.
Time limits in New South Wales
Operation years ago?
Yes, you may still be in time. In NSW the clock doesn't start on the day of your operation. It starts when you knew, or ought to have known, three things: that you were injured, that the injury was caused by someone's fault, and that it was serious enough to justify a claim.
For many people that moment comes years later: after a second opinion, a new scan, a revision operation, or a specialist finally explaining what happened. A claim about an operation six or eight years ago can be well within time. The outer limit is generally 12 years from the treatment, and even that can sometimes be extended.
The detail
In NSW, a medical negligence claim generally has to be started within three years of the date the claim was "discoverable": when you knew, or ought to have known, that you had been injured, that the injury was caused by someone's fault, and that it was serious enough to justify a claim. There is also an outer limit of 12 years from the treatment itself, whichever comes first (Limitation Act 1969 (NSW) s 50C).
The 12-year limit can sometimes be extended, by up to three years from when the claim became discoverable (s 62A). The three-year period itself generally cannot be.
Children: special rules apply. Time can start to run from what a capable parent or guardian knew, and there are separate rules where a child was injured by a parent or close associate (ss 50E–50F). Don't assume a child's claim can wait until they turn 18.
Read more: medical negligence time limits in NSW and can you still sue a doctor 20 years after surgery?
How New South Wales judges whether care was negligent
Under section 5O of the Civil Liability Act 2002 (NSW), a health professional is not negligent if they acted in a way that was widely accepted in Australia by peer professional opinion as competent practice at the time, unless a court finds that opinion irrational. In practice, that means independent experts compare your care against the clinical guidelines and accepted practice of the day.
The test doesn't apply to warnings. Whether you were properly told about a risk is judged under the ordinary law of consent, set by the High Court in Rogers v Whitaker.
Compensation in New South Wales
Damages for pain and suffering (called non-economic loss) are only payable where your injury is at least 15% of a most extreme case. Between 15% and 32% you receive a reduced share of the maximum, set by a table in section 16. The maximum is $804,000 for awards from 1 October 2025, and it is indexed each year.
Lost earnings, superannuation, medical and treatment costs, and care are claimed separately and are often the larger part of a claim. Weekly earnings above three times average weekly earnings are disregarded.
Before going to court
NSW has no formal pre-court notice scheme for medical negligence claims. In practice, we obtain your records and an independent expert opinion before any claim is made, and most claims resolve by negotiation or mediation without a trial.
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 New South Wales
Complaints about health practitioners and health services in NSW go to the Health Care Complaints Commission (HCCC), not to Ahpra. A complaint can run alongside a claim, but it does not stop 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 New South Wales?
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 New South Wales are set out above. Please get advice about your own dates rather than ruling yourself out.
Do I need a lawyer near me?
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 New South Wales?
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
- Civil Liability Act 2002 (NSW) ss 5O, 12, 16
- Limitation Act 1969 (NSW) ss 50C, 50D, 50E, 50F, 62A
- 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