Medical Negligence (Plaintiff)

Purpose of this Guide: Use this plan when your client believes they have suffered injury, loss, or damage as a result of substandard medical treatment by a doctor, hospital, nurse, dentist, or other health professional in New South Wales. Medical negligence matters require expert evidence to establish both breach of duty and causation - open this plan as soon as you receive initial instructions so that limitation period management and records requests can begin immediately.

Jurisdiction: New South Wales. Medical negligence claims are filed in the District Court of NSW (for claims within its jurisdiction, broadly up to $750,000) or the Supreme Court of NSW - Professional Negligence List (managed under Practice Note SC CL 07) for larger claims. The governing legislation is the Civil Liability Act 2002 (NSW) together with the Uniform Civil Procedure Rules 2005 (NSW).

The Process at a Glance: A medical negligence claim begins with a careful analysis of the limitation period - under the Limitation Act 1969 (NSW) s14, the claim must be commenced within 3 years of the date of discoverability (when the claimant knew or ought to have known of the injury, its cause, and the potential link to negligence). All relevant medical records are requested from treating providers under the Health Records and Information Privacy Act 2002 (NSW). An independent medico-legal expert in the same specialty is briefed to provide an opinion on breach of the standard of care (overcoming the s5O peer professional opinion defence) and causation. If the expert opinion supports the claim, a formal notice of claim is served on the defendant and their medical indemnity insurer. Pre-litigation settlement or mediation is attempted. If proceedings are required, a Statement of Claim is filed and the matter is managed under the Professional Negligence List practice note, including expert conclave orders. All heads of damage are quantified including past and future economic loss, future care, and non-economic loss subject to the 15% threshold and capped at $804,000 (1 October 2025). Medicare benefits paid are repaid to the Commonwealth under the HOSC Act on settlement.