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NSW Medical Negligence
NSW Medical Negligence Eligibility Check
Receive compensation under the NSW Civil Liability Act for medical care that fell below the expected standard.
NSW medical negligence claims are governed by the Civil Liability Act 2002 (NSW). Successful claims require independent expert evidence that the standard of care was breached and that breach caused your injury.
- Civil Liability Act 2002 (NSW)
- Peer professional opinion defence (s 5O)
- Hospital, GP, specialist, dental, cosmetic
- 3-year limitation period (date of discoverability)
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NSW medical negligence, explained
NSW medical negligence claims are governed by the Civil Liability Act 2002 (NSW). The Act applies a peer professional opinion defence (section 5O) that protects practitioners who acted within widely accepted competent practice. Claims succeed where: (1) the standard of care was breached; (2) the breach caused your injury; and (3) you suffered actual loss.
Cities and regions covered
Sydney metropolitan, Western Sydney, Northern Beaches, Sutherland, Central Coast, Newcastle/Hunter, Wollongong/Illawarra and regional NSW.
NSW medical negligence FAQs
Plain-English answers about NSW medical negligence claims under the Civil Liability Act 2002.
Reviewed by CompoCheck Editorial Team · Last updated
How does the NSW Civil Liability Act apply to medical negligence?
The Civil Liability Act 2002 (NSW) Part 4 applies the 'peer professional opinion' defence (s 5O), which protects practitioners who acted in a manner widely accepted by peer professional opinion as competent professional practice. To succeed in a medical negligence claim, you must show that the practice was so unreasonable no reasonable peer would support it, or that informed consent was not properly obtained.
How long do I have to make a NSW medical negligence claim?
Three years from the date of discoverability (the date you knew or ought to have known of the negligence and its connection to your injury). Children typically have until their 21st birthday. Late claims can be made with leave of court but face additional hurdles. Don't wait, evidence quality and expert availability often degrade over time.
How much can I claim in NSW medical negligence?
Damages under the Civil Liability Act 2002 (NSW) include past and future economic loss, medical and care expenses, and (subject to a 15% impairment threshold) non-economic loss. Most NSW medical negligence settlements range from $100,000 for moderate harm to over $5 million for catastrophic injuries. Birth injury matters often run highest because of lifetime care needs.
Do I have a case if my treatment didn't go well?
Not every bad outcome is negligence. Medicine has inherent risks and complications can occur even with reasonable care. A claim requires evidence that: (1) the treatment fell below the standard reasonably expected; (2) that failure caused your injury; and (3) you suffered actual loss. An expert opinion is essential. A lawyer can assess on the available facts.
How your NSW medical negligence claim gets handled
A NSW medical negligence lawyer investigates and runs your matter end to end.
- 01
Take the 30-second survey
Answer a few simple questions about your injury. No legal jargon, just the facts.
- 02
Your enquiry goes to an advertising law firm
Your enquiry goes to a law firm that advertises on CompoCheck for your state and claim type.
- 03
The firm contacts you
The firm can discuss your situation with you directly. Whether you go further is up to you.
Check if you may have a claim.
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