“Something Didn’t Feel Right”: Getting a Second Opinion, and What It Means If the Doctors Disagree
Summary
A second opinion is one of the most useful things you can ask for in health care, and one of the hardest for many people to ask. This guide explains your right to a second opinion in Australia, how to get one, what to bring, and what it means if the second doctor disagrees with the first. It also explains how a second medical opinion differs from a legal review of whether care fell short.
Quick answer · updated November 2026
You can ask for a second opinion about a diagnosis or a recommended treatment. Your GP can refer you, and your first doctor can send your results. A second doctor disagreeing doesn’t automatically mean the first was negligent, because doctors can reasonably differ. But if a second opinion reveals something missed, it is worth asking for your records and getting advice.
Getting a second opinion at a glance
- 1Something feels wrongA diagnosis, a big operation, or symptoms that don’t fit.
- 2Get a referralAsk your GP. A referral usually lets you claim Medicare.
- 3Bring your recordsResults, scans and letters from the first doctor.
- 4If they disagreeAsk why, and what each option means for you.
- 5Next stepsChoose your path, and ask questions if something was missed.
At any stage: if you have symptoms that are getting worse quickly, don’t wait for a second opinion. Get urgent care.
My husband had been told his back pain was muscular. Three physio courses, two GP visits, anti-inflammatories. He was fifty-six and slowing down, and kept saying it was age.
When he started getting up three times a night to wee and losing weight, I said something wasn’t right. He didn’t want to make a fuss. The GP was a family friend.
I booked him in with a different GP, at a different practice, and drove him there myself. I felt disloyal the whole way.
She listened for twenty minutes, examined him, and ordered blood tests and a scan that afternoon.
A composite story, drawn from the experiences of many families I have worked with, combined and changed so that no one can be identified. It does not describe any individual client.
If you have ever felt that something didn’t add up but worried about offending your doctor, I want you to know that asking for a second opinion is normal, and it is your right. Good doctors expect it.
This guide covers when a second opinion makes sense, how to get one, what to bring, what it means if doctors disagree, and when a second opinion might suggest that the first care fell short.
Why I can write this
I have been a medical negligence lawyer since 2014 and have worked on many hundreds of claims, including many involving missed diagnoses. My doctorate looked at patterns of failure in medical negligence. I am not medically qualified. The clinical facts in this article are checked against named sources, listed in the references, and I explain how I work in our editorial standards.
Start with your question
- Do I have a right to a second opinion in Australia?
- How do I get a second opinion?
- Does Medicare cover a second opinion?
- What should I bring to a second opinion?
- What if the second doctor disagrees?
- Is a second opinion the same as a legal review?
- Does a different diagnosis mean negligence?
Your right to a second opinion
Cancer Council NSW explains that you can consult another specialist about your diagnosis or treatment, or to confirm the recommended plan, and that specialists are used to this and can’t treat you differently for asking.1 The Australian Charter of Healthcare Rights gives you the right to ask questions, to make decisions with your health care provider, and to clear information about your condition and the benefits and risks of tests and treatments.2
When a second opinion makes sense
- You have been given a serious diagnosis, such as cancer.
- Major surgery or a treatment with lasting effects is recommended.
- Your symptoms don’t fit the explanation you were given, or aren’t improving.
- You were told “nothing is wrong”, but you still feel unwell.
- You don’t understand the options, or feel rushed.
How to get one
Ask your GP for a referral to another specialist, or see a different GP. Cancer Council NSW suggests asking your GP or care team to help find someone.1 Second opinions may add time and cost, which is worth weighing if treatment is urgent.1
Medicare and referrals
A referral is generally needed for Medicare to cover part of a specialist’s fee. A GP-to-specialist referral typically lasts 12 months for the same condition.3
What to bring
Your first doctor can send your test results and other relevant information to the second specialist.1 It also helps to bring your own copies: scan reports and images, pathology results, specialist letters, a list of medicines, and a short timeline of your symptoms. Our guide to getting your medical records explains how to get them.
Questions to ask at a second opinion
- Do you agree with the diagnosis? If not, why not?
- Are there other options, including waiting?
- Is anything urgent that I should act on now?
- Would you have done anything differently so far?
When doctors disagree
Doctors can reasonably disagree, especially about treatment. A different recommendation doesn’t mean either doctor is wrong. You can stay with your first doctor or move to the second.1 What matters is that you understand why they differ.
Definition
Peer professional opinion is the legal idea that a doctor isn’t negligent if they acted in a way widely accepted by peers as competent professional practice, even if other doctors would have done it differently.
In plain terms: two different, reasonable approaches can both be acceptable.
Don’t wait if it’s urgent
Ask for review within days
- Symptoms getting steadily worse
- New symptoms since your diagnosis
- Losing weight without trying
In plain terms: see any doctor promptly, rather than waiting for the specialist.
Emergency
- Chest pain or severe breathlessness
- Sudden weakness or confusion
- Severe pain that isn’t settling
In plain terms: call 000 or go to an emergency department.
A second medical opinion is not a legal review
A second doctor will focus on what to do now. They usually won’t comment on whether earlier care was below standard, and they may not have all the records. If a second opinion reveals that something was missed, the question of whether earlier care fell short is a separate one, usually answered by an independent expert who reviews the full records. Our guide to how a claim works explains that process, and our free case review is where many people start.
Next steps
If the second opinion changed your diagnosis, ask for both sets of records, and write down what you were told and when. If you felt dismissed, see when being dismissed by a doctor becomes a legal issue.
The scan showed my husband’s back pain was prostate cancer that had spread to his spine. The second GP referred him that day. The oncologist said treatment could control it, but not cure it.
Afterwards, we got his records from the first practice. Over eighteen months, the notes said “back pain, mechanical” four times. His urinary symptoms were mentioned once. No blood test was ordered.
He didn’t want to blame anyone. “He’s known me for twenty years,” he said.
We sat on the back step with the records between us. I said I just wanted to know whether those eighteen months mattered. He squeezed my hand and said, “Then ask.”
A composite story, drawn from the experiences of many families I have worked with, combined and changed so that no one can be identified. It does not describe any individual client.
What to look for in the records
Your records are often where the story becomes clear. You have a right to access your own health information. In NSW the Health Records and Information Privacy Act 2002 covers both public and private providers, and the Information and Privacy Commission explains how to ask.4 Our step-by-step guide to getting your medical records in Australia walks you through it.
| Record | Why it matters |
|---|---|
| First doctor’s notes | Show the symptoms you reported, examinations and tests ordered. |
| Second opinion letter | Shows what the second doctor found and recommended. |
| Test results and scans | Show what each doctor had available. |
| Referral letters | Show who referred you and why. |
| Your own timeline | Records your symptoms and what you were told, while it is fresh. |
| Treatment records | Show what treatment you needed after the diagnosis changed. |
| Your own diary, photos and messages | Notes made at the time are evidence too. Keep them. |
How the law looks at it
A second doctor reaching a different diagnosis or recommendation is not, by itself, evidence of negligence. Doctors can reasonably disagree, and the second doctor often has more information, including how things developed. The legal questions are whether the first doctor’s care met the standard expected given what they knew at the time, and whether any shortfall caused harm.
A claim usually turns on three questions: whether the care fell below what peers would widely accept as competent practice (section 5O of the Civil Liability Act 2002 (NSW))5, whether that shortfall probably caused harm you wouldn't otherwise have had (Tabet v Gett)6, and, where it matters, whether you were told the material risks first (Rogers v Whitaker)78. Our guide to how a medical negligence claim works explains each one in plain terms.
When a second opinion changes things, the questions might be: did the first doctor take an adequate history and examine you? Did your symptoms call for tests that weren’t ordered? Were you told to come back if things didn’t improve? Would a reasonable doctor have reached the right diagnosis sooner?
In plain terms, the question is whether, if the first doctor had acted as they should have, the problem would probably have been found sooner and with a better result.
For treatment recommendations, the right to make an informed choice includes being told about reasonable alternatives, which is often what a second opinion reveals.
Who can claim, and when
The patient can claim. If they have died, their family may have a claim. In NSW, time usually runs from when you knew, or ought to have known, enough to claim, not from the treatment itself, and courts can sometimes extend it, so an old injury may still count. See time limits in NSW or other states, and ask early.
More: complaint or claim? · how a claim is paid for · what a claim can cover
In my practice
In many files, a second opinion is the turning point: the moment someone listened. People often feel guilty about seeking it, or about questioning a doctor they trusted. The records usually show that their instinct was right, and the second opinion simply did what the first visits should have done.
Both things can be true
Your first doctor may have cared about you for years, and may still have missed something important. A second opinion isn’t a betrayal. It is part of looking after yourself.
The bigger picture
The Charter of Healthcare Rights puts partnership and information at the centre of care.2 Complaints about care in NSW can go to the Health Care Complaints Commission,9 and you can check a practitioner’s registration on the Ahpra public register.10
See also our guides to consent before spinal surgery, late bowel cancer diagnosis and endometriosis laparoscopy, where second opinions often matter.
Support
You don't have to work through this alone. These services can help:
- Lifeline, 24-hour crisis support: 13 11 14 (listed on healthdirect's helplines page)11
- Beyond Blue, anxiety and depression support: 1300 22 4636
- Medicare Mental Health, help finding mental health support: 1800 595 212
- healthdirect, 24-hour nurse advice: 1800 022 222
- Health Care Complaints Commission (NSW): 1800 043 159
A wife who felt disloyal driving her husband to another doctor now knows she did the right thing. You deserve that confidence too.
With care,
Rosemary
Frequently asked questions
Do I have a right to a second opinion in Australia?
Yes. You can see another doctor about your diagnosis or treatment.
Will my doctor be offended?
Specialists are used to second opinions and shouldn’t treat you differently for asking.
Does Medicare cover a second opinion?
Usually, if you have a valid referral to the specialist.
What should I bring?
Test results, scans, specialist letters, a medicine list and a timeline of your symptoms.
If the second doctor disagrees, was the first negligent?
Not necessarily. Doctors can reasonably differ. Negligence depends on whether the first care met the accepted standard.
Can a lawyer give a second opinion on my care?
A lawyer can review whether a claim may exist, usually with an independent medical expert.
Questions after a second opinion?
When you're ready, and not before, I can look at what happened and help you understand your options.
Missed and delayed diagnosis guides
- “Something didn’t feel right”: Getting a second opinion, and what it means if the doctors disagree (you are here)
- “They said it was a pulled muscle”: Missed blood clots (DVT and PE)
- Failed diagnosis: when a missed diagnosis causes harm
- Cauda equina misdiagnosis: when back pain red flags are missed
- Misdiagnosed UTI: when a delayed diagnosis leads to kidney damage
- Sepsis and leg removal: when is that medical negligence?
Part of our guide to missed and delayed diagnosis. Not sure where you stand? Try the free claim checker.
References
- Cancer Council NSW. Getting a second opinion.
- Australian Commission on Safety and Quality in Health Care. Australian Charter of Healthcare Rights (second edition).
- healthdirect. What is a referral?
- Information and Privacy Commission NSW. Fact sheet: Accessing your health information in NSW.
- Civil Liability Act 2002 (NSW) s 5O, Standard of care for professionals.
- Tabet v Gett [2010] HCA 12.
- Rogers v Whitaker [1992] HCA 58; (1992) 175 CLR 479.
- Australian Commission on Safety and Quality in Health Care. Informed consent.
- Health Care Complaints Commission NSW. Home page.
- Australian Health Practitioner Regulation Agency. Register of practitioners.
- healthdirect Australia. Mental health helplines.
Stories in this article are composites, drawn from the experiences of many families I have worked with, combined and changed so that no one can be identified. They do not describe any individual client.
Dr Rosemary Listing, PhD (Law), Medical negligence lawyer since 2014 · Of Counsel, Peter Evans & Associates. Rosemary's doctorate examined patterns of failure in medical negligence, and she teaches health law at the University of Newcastle. She is not medically qualified. About Rosemary.
Last updated: 10 November 2026 · First published: 10 November 2026 · Next review: May 2027
Cite this article: Listing R. “Something didn’t feel right”: Getting a second opinion, and what it means if the doctors disagree. Reframe Legal. Published 10 November 2026. https://reframelegal.com/second-opinion/
This article is general information, not legal or medical advice. It does not create a lawyer–client relationship. Speak to your treating clinicians about your health, and get legal advice about your own situation.
If you are in danger or need urgent medical help, call 000. For crisis support, call Lifeline on 13 11 14.
Legal services are provided by Peter Evans & Associates.
