Medical negligence claims in Victoria
Medical negligence claims run under the Wrongs Act 1958 (Vic) with the same significant injury threshold for pain and suffering. Three years from discoverability applies, and a medical panel can decide the threshold question. Expert evidence is required.
What counts as negligence
Not every bad outcome is negligence. The question is whether the treatment fell below the standard a reasonable practitioner would have met, and whether that failure caused harm you would not otherwise have suffered. Misdiagnosis or delayed diagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent are the most common grounds.
How these claims run
Your lawyer obtains the records, briefs an independent specialist in the same field, and only proceeds if the expert supports the claim. Most resolve by negotiation with the provider’s insurer or medical defence organisation. A complaint to the state health complaints body can run in parallel but does not pay compensation.
What you can claim
- The cost of corrective treatment and ongoing care
- Lost income and earning capacity
- Pain and suffering above the state threshold
- Care, equipment and home modifications for permanent injury
- In birth injury cases, lifetime care for the child
Evidence to keep
Claims are won on what can be proved. Keep:
- Your complete medical records, which you are entitled to request
- A timeline of symptoms, appointments, and what you were told
- Names of the practitioners involved
- Discharge summaries and test results
- Any complaint lodged and the response
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Melbourne who handles medical negligence matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Is a bad outcome the same as negligence?
No. You must show the care fell below the standard a reasonable practitioner in that field would have provided, and that the failure caused harm you would not otherwise have suffered.
Should I complain to the health complaints body as well?
You can, and it may help, but a complaint does not pay compensation. The two processes run separately.
How long does a claim take?
Longer than most personal injury claims, typically two to four years, because expert opinion must be obtained before the claim is even put.
How long do I have in Victoria?
Medical negligence claims run under the Wrongs Act 1958 (Vic) with the same significant injury threshold for pain and suffering. Three years from discoverability applies, and a medical panel can decide the threshold question. Expert evidence is required.