Injury claim services

Medical Negligence Claims

Medical negligence claim advice for South Australians harmed by a doctor, hospital or health provider, including expert evidence, time limits and complaints.

Medical negligence claims arise when a doctor, hospital, surgeon or other health provider fails to provide care to the standard expected and a patient is harmed as a result. Not every poor outcome is negligence. These claims depend on independent expert evidence about what should have happened, what did happen, and what difference it made.

Common types of medical negligence

How negligence is assessed in South Australia

Medical negligence claims are governed by the general law of negligence and the Civil Liability Act 1936 (SA). The Act includes a specific standard for professionals: in broad terms, a health professional is not negligent if they acted in a way widely accepted by members of the profession as competent practice, unless that practice was irrational. Failure to warn of risks is treated separately, because patients are entitled to information about material risks before they agree to treatment.

Causation

You also need to show that the negligence caused your injury, rather than the underlying illness or a known risk that would have happened anyway. This is often the hardest part of the claim and is why independent specialist opinion is obtained early.

Thresholds for damages

The Act sets thresholds before some categories of damages, such as damages for pain and suffering, are payable, and limits how some losses are calculated.

What you can claim

Complaints and compensation are different

A complaint to the hospital, the Health and Community Services Complaints Commissioner or the practitioner’s regulator can lead to an explanation, an apology or disciplinary action, but it does not by itself pay compensation. A compensation claim is a separate legal process. You can pursue both, and it is worth getting advice before making a formal complaint.

Time limits

Personal injury claims in South Australia generally must be started within three years, and in medical cases the question of when time started to run can be complex. Different rules can apply to children. Get advice as soon as you suspect something went wrong.

Immediate practical actions

  1. Get the treatment you need now, from another provider if you have lost confidence.
  2. Write down a timeline of appointments, conversations and symptoms while you remember them.
  3. Keep letters, discharge summaries, prescriptions and receipts.
  4. Request copies of your medical records, or let us do it for you.
  5. Speak with a lawyer before signing any release or accepting any payment.

Related pages

Frequently asked questions

Is a bad outcome enough to make a claim?

No. Treatment can be performed properly and still go wrong. A claim needs evidence that the care fell below the accepted standard and that this caused harm you would otherwise have avoided.

Do I need an expert report?

Almost always. An independent specialist in the relevant field reviews your records and gives an opinion on the standard of care and causation. We arrange this as part of the claim.

Can I claim against a public hospital?

Yes. Claims involving public hospitals are usually handled by the state’s insurer, and the same legal principles apply.

How long do medical negligence claims take?

Often longer than other injury claims, because expert evidence takes time and your condition needs to stabilise before the claim can be fully valued. We give you a realistic timeframe once the records have been reviewed.