Medical treatment is built on trust. When you seek care from a doctor, hospital or health professional, you expect to be treated with skill, care and professionalism. Unfortunately, mistakes can and do happen — and when they cause serious harm, the consequences can be life-changing.
Medical negligence claims are complex, but understanding what qualifies and what steps to take next can help you make informed decisions about your rights.
What Is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care (as outlined in the Good Medical Practice guidelines), and that failure causes injury, illness or deterioration in a patient’s condition.
In Victoria, a medical negligence claim generally requires proof of three key elements:
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A duty of care — the healthcare provider owed you a duty as their patient
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A breach of that duty — the care provided fell below a reasonable professional standard
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Causation and harm — the breach caused injury, loss or worsening of your condition
Not every poor outcome is negligence. Medical treatment often involves risk. However, when harm results from preventable errors or substandard care, a claim may be possible.
Common Examples of Medical Negligence
Medical negligence can occur across many areas of healthcare. Some common examples include:
Misdiagnosis or Delayed Diagnosis
Failing to diagnose a condition correctly, or delaying diagnosis when symptoms were present, can significantly affect treatment outcomes. This often arises in cases involving cancer, infections, neurological conditions or fractures.
Surgical Errors
Errors during surgery may include operating on the wrong body part, leaving surgical instruments inside the body, or causing avoidable internal damage.
Medication Errors
Prescribing the wrong medication or dosage, failing to check allergies, or administering medication incorrectly can lead to serious complications.
Failure to Provide Appropriate Treatment
This can include failing to refer a patient to a specialist, not ordering necessary tests, or ignoring warning signs that further care was required.
Inadequate Follow-Up or Aftercare
Medical care does not end when a procedure is complete. Poor monitoring, discharge errors or lack of follow-up can cause preventable harm.
Who Can Be Responsible?
A medical negligence claim may involve a range of healthcare providers, including:
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General practitioners and specialists
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Surgeons and anaesthetists
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Nurses and allied health professionals
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Public or private hospitals
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Medical clinics and health services
Responsibility may rest with an individual practitioner, an institution, or both.
What Can You Claim Compensation For?
If medical negligence is established, compensation may be available for:
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Pain and suffering
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Loss of income or reduced earning capacity
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Medical and rehabilitation expenses
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Ongoing care and support needs
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Psychological harm
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In some cases, care provided by family members
Each claim is assessed individually, based on the severity of harm and its long-term impact.
Time Limits for Medical Negligence Claims in Victoria
Strict time limits apply to medical negligence claims.
In most cases, proceedings must be commenced within three years of the date you became aware (or should reasonably have become aware) that your injury was related to negligent medical treatment (see HCC Medical Negligence Fact Sheet). There are exceptions, particularly for children and people with impaired capacity.
Because time limits can be complex, seeking advice early is important.
What to Do If You Suspect Medical Negligence
If something does not feel right about the care you received, taking early steps can protect your position:
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Seek further medical attention if needed
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Keep copies of medical records, test results and correspondence (you have rights under the Health Records Act 2001 to access your records)
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Make notes about symptoms, dates and conversations
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Avoid delaying legal advice — early guidance can help clarify whether a claim is viable
Medical negligence claims often rely heavily on expert medical evidence, which takes time to obtain and assess.
Why Medical Negligence Claims Are Complex
Unlike many other injury claims, medical negligence cases require detailed analysis of medical standards, expert opinions, and causation. Proving that harm was avoidable — not just unfortunate — is critical.
This complexity is why early, specialised legal advice can make a significant difference.
Getting Legal Advice
Speaking with a lawyer does not mean you are committing to a claim. It allows you to understand:
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Whether your experience may qualify as medical negligence
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What evidence is required
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What compensation may be available
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The likely timeframes and process involved
A clear explanation early on can help you decide what to do next with confidence.
Frequently Asked Questions About Medical Negligence Claims
Is a bad medical outcome always negligence?
No. Not all complications or poor outcomes result from negligence. A claim requires proof that the care provided fell below an acceptable standard.
Can I make a claim if the treatment happened years ago?
Possibly. Time limits depend on when you became aware of the injury and its cause. Legal advice can clarify whether an exception applies.
Do I need to complain to the hospital first?
A formal complaint is not required to make a legal claim, though complaints and medical records can sometimes be relevant evidence.
How long do medical negligence claims take?
These claims often take longer than other injury matters due to the need for expert evidence. Timeframes vary depending on complexity.
What does it cost to get advice?
Many firms offer initial consultations and may act on a No Win, No Fee basis, depending on the circumstances.
