Medical Negligence Claims
If you have been harmed by medical treatment in NSW, you may have a claim. Doctors, hospitals and health professionals owe a legal duty to provide care that meets acceptable professional standards. When treatment falls below that standard and injury results, compensation may be available.
Medical negligence claims are built on the concept of breach of duty. The question is not simply whether something went wrong, but whether the treatment fell below the standard reasonably expected of a competent professional in that field. Establishing that breach requires careful legal and medical analysis.
Who Can Claim
You may be eligible to claim if you suffered injury due to negligent medical treatment, including:
- Misdiagnosis or delayed diagnosis
- Surgical errors or complications caused by negligence
- Medication errors
- Birth injuries
- Failure to obtain informed consent
- Inadequate follow-up or post-operative care
- Emergency department failures
Claims may involve general practitioners, specialists, surgeons, dentists, allied health professionals, private hospitals or public health services.
How a Claim Works in NSW
Medical negligence claims in NSW are governed by the Civil Liability Act 2002 and require proof of:
- A duty of care
- A breach of that duty
- Causation, meaning the breach caused your injury
- Measurable loss resulting from that injury
The process typically involves:
- Obtaining your full medical records
- Seeking independent expert medical opinion
- Assessing whether the treatment fell below acceptable standards
- Calculating the impact of the injury on your income, health and future needs
- Commencing proceedings within the applicable time limits
- These claims are evidence-heavy and often strongly defended. Early legal advice is important.
Why You Might Want a Specialist Lawyer
Medical negligence claims are complex. They require expert evidence and detailed analysis of treatment decisions.
We help you:
- Assess whether treatment fell below the required professional standard
- Obtain and review relevant medical records
- Secure independent expert opinions
- Properly document the impact of the injury on your life
- Negotiate with insurers and defend your position if court proceedings become necessary
Not every poor outcome is negligence. We provide realistic advice about prospects before proceeding.
What Compensation Could You Receive?
Depending on the severity of your injury, compensation may include:
- Medical and rehabilitation expenses
- Past and future loss of income
- Lump sum compensation for pain and suffering
- Future care and domestic assistance costs
- Expenses associated with long-term disability
Statutory thresholds apply in NSW, particularly for non-economic loss. The value of a claim depends on the extent of permanent impairment and the overall impact on your life.
FAQ
What if I signed a consent form before the procedure?
Signing a consent form does not automatically prevent a claim. The issue is whether you were properly informed of material risks and whether the treatment itself met acceptable standards.
What if the outcome was a known risk of the procedure?
A known complication does not automatically mean there was negligence. The question is whether the risk was properly explained and whether the treatment was performed competently.
How long do I have to bring a medical negligence claim in NSW?
Generally, proceedings must be commenced within three years from the date you knew, or ought reasonably to have known, that the injury was caused by negligence. There are exceptions in some circumstances. Seek advice promptly.
