Medical negligence claims
Hurt during medical care? You don't need to be sure before you ask. Finding out is our job.
I'm Dr Rosemary Listing, a medical negligence specialist based in Newcastle, NSW, acting for patients and families across Australia. I only act for patients, never for hospitals, doctors or insurers.
The short answer
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
Missed warning signs in pregnancy and labour, delayed help, severe tears, and injuries to babies such as HIE.
Explore → - 2
Cosmetic and breast surgery
Breast implants, cosmetic procedures and revision surgery, where the result or the risk was not what you were told.
Explore → - 3
Oral, maxillofacial and dental negligence
Numbness and pain after wisdom teeth, implants and jaw surgery, and nerve injuries that were not referred in time.
Explore → - 4
Endometriosis and gynaecology
Years of pain put down to “bad periods”, and bladder, bowel or ureter injuries during gynaecological surgery.
Explore → - 5
Medication, drug and device harm
Prescribing errors, faulty devices such as insulin pumps and knee implants, and side effects nobody warned you about.
Explore → - 6
Missed and delayed diagnosis
Results not followed up, referrals not made, and symptoms dismissed until the window for easier treatment had passed.
Explore → - 7
Spinal and neurosurgical negligence
Spinal fusion and stimulator failures, nerve injury during surgery, and neurological symptoms put down to anxiety.
Explore → - 8
Surgical errors and hospital negligence
Surgical errors, hospital infections, early discharge and emergency departments that kept sending you home.
Explore →
Not sure which fits? Browse all articles.
Who you'll be working with
More than a decade on this one question
I have worked in medical negligence since 2014, on many hundreds of claims, including group claims where many patients were harmed by the same practitioner. My PhD in law, from the Australian National University, looked at patterns of failure in medical negligence: why the same kinds of harm keep happening, and what the records show when they do. I also teach health law at the University of Newcastle.
I'm Of Counsel at Peter Evans & Associates, and I work with a small, close team and with barristers I trust. I'm not medically qualified, so every case is reviewed by independent medical experts in the right specialty before we tell you what we think.
How I work with you
- You talk to me, not a call centre. The first conversation is with a lawyer who knows this area.
- Honest early advice. If I don't think you have a claim, I'll tell you, and explain why.
- Records before opinions. We get the full records and build a timeline before anyone forms a view.
- Australia-wide. Most of our work is done by phone, video and email, wherever you live.
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
In NSW, usually counted from when you found out.
In plain terms: years ago may still count.
Care fell short. The question is not whether the result was bad, but whether the care was below what was widely accepted as competent practice at the time. That is judged by independent experts in the same field. An unhappy outcome on its own is not negligence.
It caused harm. It has to be shown that proper care would probably have led to a better result. This is often the hardest part, especially where you were already unwell. Where you weren't warned about a risk, it has to be shown that the warning would probably have changed your decision.
You're within time. In NSW, time usually runs from when you knew, or ought to have known, enough to claim. See the time limits section below.
Law: Civil Liability Act 2002 (NSW) s 5O · Rogers v Whitaker (warning of risks) · Tabet v Gett (causation)
What I see
The same failures, again and again
Every case is different, but in my research and in practice the same patterns come up across very different areas of medicine:
- Not being listened to. Symptoms put down to anxiety, “normal” recovery or “bad periods”, sometimes for years.
- Nobody following up. A result that wasn't acted on, a referral that wasn't made, a review that didn't happen.
- Help coming too late. Warning signs on a chart or a monitor that weren't escalated in time.
- Risks not explained. A signed form, but no real conversation about what could go wrong or what the alternatives were.
- The same practitioner, many patients. Sometimes a pattern only becomes clear when several people come forward.
What surprises people most is how rarely these cases turn on one dramatic mistake. More often it’s a series of small moments where someone could have listened, checked or followed up, and didn’t. By the time a patient comes to me, they’ve usually spent months or years being told everything was normal, and the hardest part is often believing their own account again.
Recognising the pattern helps. It tells us which records matter, which experts to ask, and what questions to put to them.
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. In most states there is also an outer limit counted from the treatment itself, and courts can sometimes extend time. Different rules apply to children and to claims after a death. Ask early, even if you think it may be too late.
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.
Can I claim against a public hospital?
Yes. Claims against public hospitals are usually brought against the local health district or the state, and the same legal tests apply.
A family member died. Can we claim?
Possibly. Close family members can bring a claim for financial loss after a death, and sometimes for their own psychiatric injury. Different time limits can apply.
The doctor apologised. Does that mean they admit fault?
No. In NSW an apology is not an admission of liability. But it may tell you something went wrong, and it's worth asking about.
What happens in the first call?
We talk through what happened, the decisions and delays that shaped it, and what evidence matters. You'll come away with a clear view of whether it's worth looking into further.
Will I have to talk about traumatic details?
Only what you feel comfortable sharing. We guide these conversations gently, at your pace.
Do you act for doctors or hospitals?
No. I only act for patients and their families.
Something doesn't feel right?
Talk it through with us. It's confidential, and free to find out where you stand.
Contact Free case reviewContact Dr Rosemary Listing At Peter Evans & Associates
When something has gone wrong in your medical care, uncertainty can be exhausting. You should not have to guess where you stand. You deserve clarity, early.
Along with her team at Peter Evans & Associates, she will help you understand:
- Whether your situation has legal grounds worth pursuing
- What evidence or documentation matters most
- The smartest next step
Contact Peter Evans & Associates
Send an enquiry
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All enquiries go to Dr Rosemary Listing at Peter Evans & Associates.