Medical Negligence Lawyers Sydney

Medical negligence (also called clinical negligence or medical malpractice) occurs when a healthcare provider — such as a doctor, surgeon, specialist, nurse, dentist, or hospital — fails to provide care that meets the standard expected of a reasonably competent professional in the same field, and that failure causes harm to the patient. Not every bad medical outcome constitutes negligence — the key question is whether the treatment fell below an acceptable professional standard.

To succeed in a medical negligence claim in NSW under the Civil Liability Act 2002, you must establish: (1) the healthcare provider owed you a duty of care; (2) they breached that duty by departing from the standard expected of a reasonably competent practitioner; (3) the breach caused your injury; and (4) you suffered harm as a result. Expert medical evidence is essential to establish breach of duty — our team works with leading medical specialists to build the evidence needed to support your claim.

If your claim is successful, you may be entitled to: past and future medical and rehabilitation expenses (including the cost of corrective surgery); past and future loss of income and earning capacity; non-economic loss (pain and suffering) — available where your injuries result in at least 15% whole person impairment; the cost of future care and assistance; and out-of-pocket expenses. For catastrophic injuries — such as birth injuries or brain damage resulting from negligence — the value of claims can be substantial.

Under the Limitation Act 1969 (NSW), most medical negligence claims must be commenced within three years from the date the person became aware (or ought reasonably to have become aware) of the injury and its connection to the treatment. An absolute limitation period of 12 years applies from the date of the negligent act. For children, the limitation period does not begin to run until they turn 18. Because these rules are complex and fact-specific, it is critical to seek legal advice as early as possible.

Medical negligence claims are typically more complex and time-consuming than other personal injury claims. They require detailed medical records, independent expert reports, and often several rounds of correspondence and negotiation with the defendant’s insurer. Most claims are resolved within 2–4 years, though complex cases or those involving catastrophic injuries may take longer. Our team will give you a realistic timeframe assessment at your initial consultation and keep you informed throughout the process.

Yes — you have the right to access your medical records under NSW law. Your treating practitioners and hospitals are required to provide copies on request, usually within 30 days. Reviewing your records is often one of the first steps in assessing a potential medical negligence claim. Gajic Lawyers can assist you in obtaining your records and engaging independent medical experts to review them.

Yes. Gajic Lawyers handles Sydney medical negligence claims on a strict No Win, No Fee basis. You pay nothing upfront and nothing unless we successfully resolve your claim. We also offer a free initial consultation so you can understand whether you have a claim worth pursuing before making any decisions. Call 1800 318 002 or start your online claim check at gajic.com.au.