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Medical Negligence Claims in NSW

If you or a loved one has been harmed by medical treatment in New South Wales, you may be entitled to make a medical negligence claim.

Medical negligence (also called medical malpractice) occurs when a doctor, hospital, or other health professional provides treatment that falls below an acceptable professional standard, and that failure causes injury, illness, or loss.

You may have a claim if:

  • A diagnosis was delayed or incorrect
  • A hospital or surgical error occurred
  • Inadequate aftercare or follow-up caused harm
  • You were not properly informed of risks before treatment
  • Medication errors led to injury

We recognise and deeply respect the dedication, skill and compassion of medical professionals across New South Wales. Doctors, nurses, midwives, paramedics and allied health practitioners work tirelessly, often in high-pressure environments, to care for their patients and save lives. The vast majority provide safe and appropriate treatment every day.

However, medicine is complex, and despite best intentions, things can and do go wrong. Sometimes outcomes are unavoidable complications. In other cases, care may fall below the standard reasonably expected. When negligence occurs, the consequences can be devastating.

The impact is rarely limited to the patient alone. Serious injury or avoidable harm can affect:

  • Physical and psychological wellbeing
  • A person’s ability to work and earn income
  • Independence and quality of life
  • Family stability and relationships
  • The emotional and financial security of loved ones

For families, the aftermath can include long-term care needs, lost income, medical expenses, and profound emotional distress.

Seeking legal advice about a potential medical negligence claim is not about blaming hardworking professionals. It is about understanding your rights, clarifying what happened, and accessing the support you may need to move forward.

Common Types of Medical Negligence Claims

  • Hospital & Surgical Errors – Mistakes during surgery, anaesthetic complications, or preventable hospital-acquired injuries.
  • Birth & Obstetric Injuries – Injuries to mother or baby due to errors during pregnancy, labour, or delivery.
  • Medication & Prescription Errors – Incorrect dosages, wrong medications, or failure to account for allergies.
  • Misdiagnosis & Delayed Diagnosis – Failure to identify serious conditions such as cancer, stroke, or infection in time.

Your entitlements

A successful claim may include compensation for:

  • Pain and suffering
  • Past and future medical expenses
  • Loss of income and superannuation
  • Care and assistance needs
  • Travel and rehabilitation costs

Every case is different. Compensation depends on the severity of injury and long-term impact.

How do I know I have a claim?

A claim generally requires proof that a health professional breached their duty of care and that the breach caused measurable harm.

Do most cases go to court?

Many claims resolve through negotiation before reaching trial.

No Win, No Fee – Access to Justice for Everyone

We believe that financial circumstances should never be a barrier to seeking justice.

That is why we provide medical negligence legal services on a No Win, No Fee basis.

Serious injury or loss can place enormous emotional and financial strain on individuals and families. Pursuing a legal claim should not add to that burden. Our No Win, No Fee arrangement is designed to:

  • Remove upfront legal costs
  • Reduce financial risk
  • Provide certainty about legal fees
  • Ensure equal access to experienced legal representation

We are committed to making high-quality legal advice accessible to everyone in New South Wales, not just those who can afford to pay privately.

Don’t Delay – Time Limits Apply

In New South Wales, strict limitation periods apply to medical negligence claims. If court proceedings are not commenced within the required timeframe, you may lose your right to pursue compensation even if your claim is otherwise strong.

Importantly, determining when the time limit starts is not always straightforward.

In some cases, the limitation period runs from the date of the negligent treatment. In others, it may begin when you first knew, or ought reasonably to have known, that your injury was caused by negligent care. This can be particularly complex where:

  • Treatment occurred over an extended period
  • There were multiple healthcare providers involved
  • Symptoms developed gradually
  • A diagnosis was delayed
  • You only later discovered that something had gone wrong

Because of these complexities, it can be difficult to work out precisely when time begins to run. Waiting to “see how things progress” may unintentionally put your rights at risk.

Early legal advice allows:

  • Careful assessment of relevant dates
  • Prompt gathering of medical records
  • Identification of potential defendants
  • Protection of your position within the limitation period

If you believe you may have a medical negligence claim in NSW, please contact us for a confidential and obligation free consultation on

(02) 9188 7875.