Surgical errors and hospital negligence
Something went wrong in surgery or in hospital. Let's find out why.
We investigate surgical errors, anaesthetic injuries and poor hospital care, and work to get you compensation for what you've been through.
The short answer
When an avoidable error was made in theatre, on the ward or in the emergency department, and you or your family member were harmed as a result, you may have a claim.
Free and confidential · No obligation · Australia-wide
- PhD in lawDoctoral research on patterns of failure in medical negligence
- Since 2013Many hundreds of claims, including group claims
- Patients onlyNever hospitals or insurers
- Health law lecturerUniversity of Newcastle
Does this sound familiar?
It should never have happened
- Something was left inside you, or the wrong site was operated on
- You woke up with an injury nobody explained
- Your condition got worse on the ward, and nobody acted
- You were sent home from emergency too soon
- A brain injury happened during or after anaesthetic
- A family member died, and you still don't know why
If any of this happened, we can help you find out whether it should have.
What we do for you
Clear answers, a strong case, and a steady path through it
- 1
Find out what happened
We gather your operation reports, anaesthetic charts and ward records, and map every decision.
You get: answers, often for the first time.
- 2
Build the evidence
Independent surgeons, anaesthetists and nursing experts review the care you received.
You get: an honest view of your case.
- 3
Resolve it
We negotiate for what you or your family need now, including care and lost income.
You get: support for what comes next.
How it works
- 1Free case reviewWe talk it through, in confidence
- 2Records and timelineWe request and map your records
- 3Expert reviewSpecialists assess the care
- 4ResolutionMost claims settle, within 18 to 24 months
At any stage: you can stop, ask questions, or contact us.
A note from Rosemary
Hospitals are busy, and most people work hard to get it right. But when something preventable happens, families deserve straight answers, not silence. I'll look at the records closely and tell you honestly what they show.
Dr Rosemary Listing
ContactThe legal test
Was it negligence?
Care fell short
Below what a competent surgeon, anaesthetist or hospital would have done.
In plain terms: it shouldn't have been done that way.
It caused harm
Proper care would likely have avoided or reduced the injury.
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.
Our work
Our guides on surgical errors and hospital negligence
Grouped by where it happened. Every guide is listed.
- 1In theatre
Surgical errors
3 guides - 2Anaesthesia and recovery
- 3Wards and emergency
Hospital care and inquests
2 guides
Surgery years ago? You may still be in time.
Time usually runs from when you found out you'd been injured and why, not from the day of treatment.
Common questions
Questions people ask me
Something was left inside me. Is that negligence?
Usually. It's one of the events that should never happen in hospital.
Who do I claim against, the surgeon or the hospital?
It can be either. For public hospitals, it's often the local health district.
My family member died. Can we claim?
Possibly. Family members may have a claim, and there may be an inquest.
Does it cost anything to find out?
No. The first conversation is free. See costs.
Something about the hospital care doesn't sit 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. She is not medically qualified. Last updated 5 November 2026. Read our editorial standards.
References: Rogers v Whitaker (1992) 175 CLR 479; Civil Liability Act 2002 (NSW) ss 5D, 5O; Limitation Act 1969 (NSW).
General information only, not legal or medical advice. Legal services are provided by Peter Evans & Associates.