TOP 10LAWYERS

Top 9 Medical Negligence Lawyers in Sydney

We looked at nine Sydney firms that run claims against doctors and hospitals, the lawyers who do the work, and how each one handles a first consultation.

Google ratings checked 24 October 2026 Updated 24 October 2026

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common medical negligence law matters.

The Top 9 Medical Negligence Lawyers in Sydney

Nine medical negligence law firms in Sydney, with their experience, accredited specialists, Google ratings and what each one suits.

BPC Lawyers

Elizabeth Street, Sydney CBDPersonal injury and compensation law only

4.8

101 Google reviews

Checked 18 October 2026

Best for Families dealing with catastrophic injury, birth injury or a death after hospital care

  • All four partners are accredited specialists in personal injury law, according to the firm.
  • Kate Henderson has held her accreditation since 2000 and has acted for children with cerebral palsy after adverse birth events.
  • The firm says Doyle's Guide has listed it as a leading medical negligence firm for plaintiffs in NSW every year from 2015 to 2025.

Accredited personal injury law specialists (4)Courtenay Poulden, Scott Hall-Johnston, Mark Nelson, Kate Henderson

First consultation
Free case review. The site doesn't set out its fee arrangements, so ask about costs at the first meeting.
Office
Level 18, 201 Elizabeth St, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

BPC Lawyers is a Sydney CBD compensation firm with roots in a practice Barry Beilby started in 1975. Senior partner Courtenay Poulden leads a team where all four partners are accredited specialists in personal injury law, according to the firm. It says it has run medical negligence claims for more than 30 years, against public and private hospitals and doctors across NSW. Partner Kate Henderson has a particular interest in birth injury claims. It suits families facing serious injury or a death after medical care. The firm offers a free case review.

Roots go back to 1975

Also worth knowing

  • Its lawyers appear at coronial inquests in fatal medical negligence cases.

Lawyers

  • Courtenay Poulden, Senior Partner Accredited personal injury law specialist
  • Scott Hall-Johnston, Partner Accredited personal injury law specialist
  • Mark Nelson, Partner Accredited personal injury law specialist
  • Kate Henderson, Partner Accredited personal injury law specialist
  • Tim Driscoll, Associate
  • Nida Warraich, Solicitor
  • David Pink, Solicitor
  • Jacinta Skaf, Solicitor

Areas of medical negligence law handled

  • Failure to diagnose or treat
  • Premature discharge from hospital
  • Surgical and anaesthesia errors
  • Medication errors
  • Birth injury and cerebral palsy claims
  • Delayed treatment
  • Failure to obtain informed consent
  • Dental negligence
  • Fatal medical negligence claims
  • Representation at coronial inquests

Office

Level 18, 201 Elizabeth St, Sydney NSW 2000

Sources

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Maurice Blackburn Lawyers

Liberty Place, Castlereagh Street, Sydney CBDPlaintiff firm (injury, employment and class actions)

3.9

108 Google reviews

Checked 24 October 2026

Best for People with severe or lifelong injuries from hospital or specialist care

  • Principal lawyer Libby Brookes has practised only in medical law claims in NSW and the ACT for over 20 years, the firm says.
  • She is an accredited specialist in personal injury law with the Law Society of NSW, according to the firm, and medical negligence is her focus.
  • Her profile lists Doyle's Guide preeminent ratings from 2020 to 2026 and Best Lawyers recognition for medical negligence from 2023 to 2026.

Accredited personal injury law specialist (1)Libby Brookes

First consultation
Free, no obligation first consultation. No win, no fee for medical negligence claims. Home and hospital visits available.
Office
Level 29, Liberty Place, 161 Castlereagh Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Maurice Blackburn has a dedicated medical injury team at Liberty Place in the Sydney CBD. Principal lawyer Libby Brookes has worked only on medical law claims in NSW and the ACT for over 20 years, the firm says, and she is an accredited specialist in personal injury law with the Law Society of NSW, according to the firm. The team handles birth injury, surgical error, misdiagnosis and medication claims, and its lawyers will visit clients at home or in hospital. First consultations are free and claims run on a no win, no fee basis.

Also worth knowing

  • Lawyers will visit clients at home or in hospital and travel across NSW.

Lawyers

  • Libby Brookes, Principal Lawyer, Medical Injury Accredited personal injury law specialist
  • Nikki Whiting, Special Counsel, Medical Injury
  • Jenica Lim-Young, Senior Associate, Medical Injury
  • Naomi Spigelman, Associate, Medical Injury

Areas of medical negligence law handled

  • Birth injury claims
  • Cerebral palsy and Erb's palsy
  • Stillbirth claims
  • Surgical error claims
  • Misdiagnosis and delayed diagnosis
  • Medication errors
  • Gynaecological care claims
  • Dermatology claims
  • Brain injury claims for adults and children

Office

Level 29, Liberty Place, 161 Castlereagh Street, Sydney NSW 2000

Other details

Other offices
National firm with offices in other NSW centres and every state

Sources

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Carroll & O'Dea Lawyers

Elizabeth Street, Sydney CBD, plus ParramattaFull service firm with a compensation group

4.3

136 Google reviews

Checked 24 October 2026

Best for Patients with complex claims across surgery, obstetrics or cancer diagnosis

  • Senior legal counsel Bill Madden is an experienced civil liability lawyer with an interest in medical litigation, the firm says.
  • Partner David Tarrant has a background as a clinical nurse specialist.
  • Special Counsel Paul Ohm has been an accredited specialist in personal injury law with the NSW Law Society since 2002.

Accredited personal injury law specialist (1)Paul Ohm

First consultation
Free of obligation first meeting with a partner or lawyer, who will tell you if you don't have a case. The page doesn't set out fee terms.
Office
Level 18, 111 Elizabeth Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Carroll & O'Dea is a NSW firm with a compensation team on Elizabeth Street in the CBD and offices in Parramatta, Newcastle and Canberra. Its medical negligence work involves senior legal counsel Bill Madden, an experienced civil liability lawyer with an interest in medical litigation, and partner David Tarrant, who trained as a clinical nurse specialist. Special Counsel Paul Ohm has been an accredited specialist in personal injury law since 2002, the firm says. Claims cover obstetrics, surgery, cancer misdiagnosis, dental and cosmetic work. The first meeting carries no obligation and is with a partner or lawyer.

Also worth knowing

  • Best Lawyers lists Bill Madden for medical negligence in Sydney.

Lawyers

The medical negligence page lists these lawyers without labelling them medical negligence specialists; roles come from their bios.

  • Bill Madden, Senior Legal Counsel
  • David Tarrant, Partner, Compensation Law
  • Rebecca Tidswell, Special Counsel
  • Paul Ohm, Special Counsel Accredited personal injury law specialist

Areas of medical negligence law handled

  • Misdiagnosis and delayed diagnosis
  • Cancer diagnosis claims
  • Surgical malpractice
  • Obstetric and birth claims
  • Emergency medicine claims
  • Anaesthesia and radiology errors
  • Dental negligence
  • Cosmetic and plastic surgery claims
  • Informed consent claims
  • Drug interaction claims

Office

Level 18, 111 Elizabeth Street, Sydney NSW 2000

Other details

Other offices
Parramatta, Newcastle, Port Stephens, Canberra and Melbourne

Sources

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Gerard Malouf & Partners

Pitt Street, Sydney CBD, plus branches across NSWCompensation and personal injury firm

4.6

107 Google reviews

Checked 24 October 2026

Best for People in suburban Sydney who want a large firm with an office nearby

  • Partners Julie Baqleh and Ray Abbas both work from Sydney and are accredited specialists in personal injury law, the firm says.
  • Julie Baqleh joined the firm in 2001, became a partner in 2016 and has acted in a child's birth injury claim.
  • Senior associate Andrew Rudzki is qualified in both Australia and the UK.

Accredited personal injury law specialists (2)Julie Baqleh, Ray Abbas

First consultation
Free first consultation. No win, no fee with no upfront costs. The firm says it doesn't charge contingency fees and offers a fee reduction if its service falls short.
Office
Level 5, 109 Pitt Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Gerard Malouf & Partners is a large NSW compensation firm with a Pitt Street office and many branches. Its medical negligence team is led by Sydney partners Julie Baqleh, who joined the firm in 2001 and has acted in birth injury claims, and Ray Abbas, who joined in 2000. Both are accredited specialists in personal injury law, according to the firm. It handles birth injury, hospital and doctor negligence, dental, cosmetic surgery and iron infusion stain claims. First consultations are free and claims run on a no win, no fee basis.

Also worth knowing

  • It takes less common claims such as iron infusion staining and cosmetic surgery negligence.

Lawyers

  • Julie Baqleh, Partner Accredited personal injury law specialist
  • Ray Abbas, Partner Accredited personal injury law specialist
  • Andrew Rudzki, Senior Associate
  • Ahmad Awarki, Associate

Areas of medical negligence law handled

  • Birth injury claims
  • Doctor negligence and misdiagnosis
  • Hospital negligence
  • Surgical errors
  • Infection control failures
  • Emergency and inpatient care claims
  • Dental negligence
  • Cosmetic and plastic surgery claims
  • Iron infusion stain claims
  • Failure to refer or follow up

Office

Level 5, 109 Pitt Street, Sydney NSW 2000

Other details

Other offices
Baulkham Hills, Blacktown, Bondi Junction, Campbelltown, Chatswood, Liverpool, Parramatta, Penrith, Rockdale, Ryde, Central Coast, Newcastle, Wollongong and regional NSW, plus Brisbane and Melbourne

Sources

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Turner Freeman Lawyers

Clarence Street, Sydney CBDPlaintiff firm (compensation, employment and wills)

4.7

122 Google reviews

Checked 24 October 2026

Best for People hurt by surgery, infection or a missed diagnosis who want an established plaintiff firm

  • The firm says it has acted for injured Australians for more than 70 years.
  • Its Sydney office lists two partners and a senior associate for medical negligence.
  • It handles claims over defective medical products as well as clinical errors.
First consultation
No obligation first consultation. No win, no fee on eligible claims with no upfront fees, and the firm says it funds the running of the case.
Office
Level 8, 183-185 Clarence St, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Turner Freeman is a plaintiff firm that says it has helped Australians for more than 70 years. Its Sydney office on Clarence Street lists partners Nathan Edwards Bonello and Joelle Matar and senior associate Daniela Rubino-Panucci for medical negligence, inside a larger national medical law group. Claims include misdiagnosis, birth injuries, bowel perforation, surgical infections, anaesthesia errors and cosmetic surgery injuries. The firm says Doyle's Guide lists it as a recommended firm for 2026. The first consultation carries no obligation and eligible claims run on a no win, no fee basis.

Also worth knowing

  • The firm says Doyle's Guide lists it as recommended for 2026.

Lawyers

The medical law page lists a larger national team without offices; these three are the ones the Sydney office page lists for medical negligence.

  • Nathan Edwards Bonello, Partner
  • Joelle Matar, Partner
  • Daniela Rubino-Panucci, Senior Associate

Areas of medical negligence law handled

  • Misdiagnosis claims
  • Birth injury claims
  • Bowel perforation claims
  • Surgical infection claims
  • Anaesthesia errors
  • Cosmetic surgery injuries
  • Defective medical product claims
  • Failure to follow up test results
  • Failure to warn of risks
  • Medication management errors

Office

Level 8, 183-185 Clarence St, Sydney NSW 2000

Other details

Other offices
Other NSW offices and offices in other states

Sources

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Shine Lawyers

Elizabeth Street, Sydney CBD, plus WollongongPlaintiff firm (injury and class actions)

4.1

80 Google reviews

Checked 24 October 2026

Best for People whose condition was missed or whose test results weren't acted on

  • Senior associate Alix Shanahan holds a Bachelor of Nursing and works from the Sydney CBD and Wollongong offices.
  • Senior solicitor Ashleigh Vettier works on medical negligence from the Sydney CBD office.
  • The team acts for family members with nervous shock claims after a death caused by poor care.
First consultation
Free, no obligation first consultation and case assessment. No win, no fee, subject to conditions.
Office
6/299 Elizabeth Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Shine Lawyers has a NSW medical law team working from its Elizabeth Street office in the Sydney CBD and from Wollongong. In Sydney, senior associate Alix Shanahan, who holds a nursing degree, works alongside senior solicitor Ashleigh Vettier, with senior associate Brielle Straney based mainly in Wollongong. The team runs claims for missed diagnoses, poor treatment, failure to warn of risks, inadequate monitoring and test result errors, and it acts for relatives with nervous shock claims after a death. The first consultation and case assessment are free, and claims run on a no win, no fee basis.

Also worth knowing

  • The firm says it has 50 years of experience.

Lawyers

The NSW medical law page names Natalie Merunovich as practice leader, but her profile places her in Brisbane.

  • Alix Shanahan, Senior Associate (Sydney CBD and Wollongong)
  • Ashleigh Vettier, Senior Solicitor (Sydney CBD)
  • Brielle Straney, Senior Associate (Wollongong, sometimes Sydney CBD)
  • Yasmin Khsara, Solicitor

Areas of medical negligence law handled

  • Missed and delayed diagnosis
  • Improper treatment claims
  • Surgical and procedural errors
  • Failure to warn of risks
  • Inadequate monitoring
  • Imaging and test result errors
  • Failure to disclose results
  • Nervous shock claims

Office

6/299 Elizabeth Street, Sydney NSW 2000

Other details

Other offices
Wollongong and other NSW offices (five in NSW, the firm says), plus other states

Sources

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Law Partners Personal Injury Lawyers

Pitt Street, Sydney CBD, plus suburban Sydney officesPersonal injury law only

4.9

1588 Google reviews

Checked 24 October 2026

Best for People told by another lawyer that they don't have a medical negligence claim

  • Partners Shane Butcher and Gillian Potts are named as its medical negligence lawyers in NSW.
  • The firm says it funds expert medical reports and charges only if the claim succeeds.
  • It offers second opinions even where another lawyer has said there is no claim.
First consultation
Free phone advice and free case assessment by a senior lawyer, including second opinions. No win, no fee with a no disbursements guarantee; the firm funds expert medical reports.
Office
Level 23, 270 Pitt Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Law Partners calls itself Australia's largest specialist personal injury firm, and its Sydney office is on Pitt Street. Partners Shane Butcher and Gillian Potts are named as its medical negligence lawyers, with practice group leader Elizabeth Utting and general counsel James McAuley also on the NSW team. It takes doctor, hospital and surgical negligence, misdiagnosis, birth injuries, cosmetic surgery and dental claims. A senior lawyer assesses claims for free, including second opinions where another firm said no. It runs no win, no fee terms and pays for expert medical reports, the firm says.

Also worth knowing

  • It has more than a dozen NSW offices beyond the CBD.

Lawyers

  • Shane Butcher, Partner (NSW and VIC)
  • Gillian Potts, Partner
  • Elizabeth Utting, Practice Group Leader
  • James McAuley, General Counsel
  • Bianca Cross, Solicitor
  • Erica D'Cruz, Solicitor

Areas of medical negligence law handled

  • Doctor negligence
  • Hospital negligence
  • Surgical negligence
  • Misdiagnosis and delayed diagnosis
  • Birth injuries to mothers
  • Birth injuries to babies
  • Cosmetic surgery negligence
  • Dental negligence
  • Nervous shock claims
  • Second opinions on rejected claims

Office

Level 23, 270 Pitt Street, Sydney NSW 2000

Other details

Other offices
Parramatta, Penrith, Bondi Junction, Campbelltown, Chatswood, Liverpool, North Ryde, Norwest, Rockdale, Central Coast, Newcastle, Wollongong, Port Macquarie, plus Victoria and Canberra

Sources

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Stacks Goudkamp

Elizabeth Street, Sydney CBD, plus Liverpool and NewcastlePersonal injury and compensation firm

4.8

333 Google reviews

Checked 18 October 2026

Best for People who want an established Sydney compensation firm for a medical claim alongside other injury matters

  • Managing director Tom Goudkamp OAM works from the Sydney CBD office.
  • The firm says Stacks Goudkamp was incorporated in 2003.
  • Its medical negligence page covers claims against a wide range of health providers, including pharmacists and psychologists.
First consultation
Free claim check. No win, no fee, with terms agreed before work starts, the firm says.
Office
Level 20, 227 Elizabeth Street, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Stacks Goudkamp is the Sydney arm of the Stacks national group, run by managing director Tom Goudkamp OAM from Elizabeth Street in the CBD. It is a compensation practice covering motor accidents, workers compensation, travel accidents, public liability and medical negligence. Its medical negligence page covers claims against hospitals, doctors, dentists, nurses, pharmacists and allied health providers, and claims by relatives. It offers a free claim check and no win, no fee terms.

Incorporated in 2003

Also worth knowing

  • It offers a free claim check and no win, no fee terms.

Lawyers

These are the Sydney CBD lawyers; the site doesn't say which of them handle medical negligence.

  • Tom Goudkamp OAM, Managing Director
  • Anna Tavianatos, Practice Group Leader
  • Karina Goodall, Practice Group Leader (Sydney CBD and Liverpool)
  • Sally Gleeson, General Counsel
  • Mark Port, Special Counsel
  • Krystal Parisis, Special Counsel
  • Julia Camus, Senior Associate
  • Alessandra Pettit, Senior Associate

Areas of medical negligence law handled

  • Hospital negligence claims
  • Doctor negligence claims
  • Dental negligence
  • Nursing and pharmacy errors
  • Allied health claims
  • Death claims
  • Claims by relatives

Office

Level 20, 227 Elizabeth Street, Sydney NSW 2000

Other details

Other offices
Liverpool and Newcastle, plus other Stacks offices across NSW and Queensland

Sources

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Marsdens Law Group

Elizabeth Street, Sydney CBD, plus Campbelltown, Liverpool and CamdenFull service firm

4.6

20 Google reviews

Checked 24 October 2026

Best for Families in south west Sydney who want a local firm for a medical claim

  • The firm says it has been established since 1968.
  • It has a CBD office on Elizabeth Street and four offices in south west Sydney.
  • Its medical negligence page covers missed cancer diagnoses and claims by family members after a death.
First consultation
First 15 minutes of the first meeting free, no obligation. Professional costs on a no win, no pay basis, payable at the end if the claim succeeds.
Office
Suite 1, First Floor, 154 Elizabeth St, Sydney NSW 2000
Full profile: lawyers, services and sources

About the firm

Marsdens Law Group is a NSW firm established in 1968, based in south west Sydney with a CBD office on Elizabeth Street. Its injury compensation group runs medical negligence claims against doctors, hospitals and allied health providers, including missed cancer diagnoses and fatal cases where family members claim. The first 15 minutes of the first meeting are free and fees are on a no win, no pay basis.

Established in 1968

Also worth knowing

  • The first 15 minutes of the first meeting are free, and fees are on a no win, no pay basis.

Areas of medical negligence law handled

  • Delayed or missed cancer diagnosis
  • Doctor negligence
  • Hospital negligence
  • Allied health claims
  • Inadequate treatment or advice
  • Fatal claims
  • Dependency claims
  • Psychological injury claims for family members

Office

Suite 1, First Floor, 154 Elizabeth St, Sydney NSW 2000

Other details

Other offices
Camden, Campbelltown, Liverpool and Oran Park

Sources

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Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

Not sure which firm suits you?

Tell us a little about your matter and we'll put you in touch with a Sydney medical negligence lawyer. It's free and there's no obligation.

How we compiled this list

We include firms with a Sydney office that run medical negligence claims for patients and families as a main part of their injury work. For each firm we read its own website in October 2026, looked for the lawyers it names for medical claims, and wrote the description ourselves. Where a firm says a lawyer is an accredited specialist in personal injury law we say so, but the Law Society of NSW register wasn't available for us to check. Consultation and fee terms are as the firm describes them, so confirm them in your costs agreement. We show Google ratings with the date we checked them.

Firms can pay for a featured listing on some of our pages, which affects where they appear. No firm on this page pays. Payment doesn't buy the write-up. We write those ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules are as published by the Judicial Commission of NSW, NSW Health, the Health Care Complaints Commission, the Coroners Court of NSW, Ahpra and Legal Aid NSW in October 2026.

What counts as medical negligence in NSW

A medical negligence claim says a doctor, hospital or other health provider didn't take the care they should have, and that this caused you harm. Both parts matter. A treatment can go badly without anyone being at fault, and a mistake that made no difference to your outcome won't support a claim. These claims fall under the Civil Liability Act 2002, the same law that covers injuries in shops and public places.

Common claims involve a missed or late diagnosis, surgical errors, birth injuries, medication mistakes and poor follow up of test results. Failing to tell you about the risks of a procedure can also be a breach. NSW Health's own consent manual says a failure to warn of material risks could breach the duty of care, and a risk is material if a reasonable person in your position would be likely to think it significant, or if the practitioner knew or should have known that you would.

NSW law gives health professionals a defence if what they did was widely accepted in Australia by peer professional opinion as competent practice at the time. The court can reject that opinion if it thinks it irrational, and the defence doesn't apply to claims about a failure to warn you of risks. Independent expert opinion from a doctor in the same field sits at the centre of most claims.

Claims against NSW public hospitals are covered by the government's Treasury Managed Fund, run by icare. The hospital may be represented by the Crown Solicitor's Office, which says it handles more than 250 Treasury Managed Fund claims a year, or by one of the private firms on icare's medical negligence panel.

Time limits and what you can claim

You generally have 3 years from when you knew, or should have known, that you'd been injured, that it was caused by someone's fault and that it was serious enough to sue over. There's also an outer limit of 12 years from the treatment itself. With medical harm you may not find out for some time, which is why the clock runs from what you knew. For a child, the clock can start running from what a parent knew or should have known, so get advice early.

What you can claimThe NSW rule
Pain and suffering (non economic loss)Only if your injury is at least 15% of a most extreme case
Past and future lost earningsCalculated on no more than three times average weekly earnings
Medical, care and other costsClaimed with evidence from your doctors and independent experts

The 15% threshold means many smaller injuries recover nothing for pain and suffering, even when the claim for lost income and treatment costs succeeds. A lawyer can tell you early whether your injury is likely to pass it.

Most claims settle without a hearing. Those that go to court are usually in the District Court at John Maddison Tower, 86 Goulburn Street, or for the largest claims, the Supreme Court in the Law Courts Building, 184 Phillip Street.

Complaints and claims are different things

A complaint is about the health provider's conduct and patient safety. A claim is how you get compensation. You can do both, but a complaint won't get you money. The Health Care Complaints Commission says it can't award damages or compensation or order a refund, and it suggests getting legal advice if compensation is what you want.

  • Health Care Complaints Commission (HCCC): complaints must be in writing, usually through its online portal, and it aims to assess them within 60 days. It may not assess a complaint about something more than five years ago unless there's a good reason for the delay. Outcomes include an investigation, referral to the relevant professional council, its Resolution Service or local resolution, or no further action. If you disagree with the assessment, ask for a review in writing within 28 days of the decision letter. Call 1800 043 159 or (02) 9219 7444
  • Health Professional Councils Authority: in NSW, concerns about registered practitioners go to this authority and the HCCC. Call 1300 197 177
  • Ahpra: the national regulator deals with individual registered practitioners, not hospitals or clinics. In NSW, concerns about practitioners go to the HCCC and the councils instead, though mandatory notifications still go to Ahpra. Call 1300 419 495

If what happened involves a crime, such as sexual assault, report it to police as well. A complaint and a claim run on their own timelines, so speak to a lawyer about the claim time limit while any complaint is open.

Getting your medical records

Your records are the starting point for any claim. In NSW, access to health records is covered by the Health Records and Information Privacy Act 2002. For a public hospital, ask that hospital's Health Information Service. Fees and processing times differ between local health districts. Northern Sydney Local Health District, for example, doesn't charge to view records, charges a fee for copies, and aims to process a valid request within 28 days.

For a private hospital, clinic or GP, ask the practice directly. If a provider won't give you access, the HCCC can't order it to. For a public hospital, ask for an internal review and then go to the NSW Civil and Administrative Tribunal if needed. For a private hospital, clinic or GP, complain to the NSW Privacy Commissioner through the Information and Privacy Commission, 1800 472 679. Your lawyer will usually request the full file for you once you've signed an authority, including records from every provider involved.

When someone dies after medical care

A death during or after a health related procedure must be reported to the coroner if it may be linked to the procedure and a doctor wouldn't reasonably have expected it immediately before the procedure. A health related procedure includes medical, surgical and dental procedures, and giving anaesthetics, sedatives and other drugs.

  • If you think a death should have been reported: family members can ask the coroner to look into a death that wasn't reported
  • Post mortems: the senior next of kin can object in writing. If the coroner still decides one is needed, the senior next of kin can apply to the Supreme Court within 48 hours of the notice
  • Inquests: Legal Aid NSW gives advice about coronial inquests, and some firms on this list also represent families at them

An inquest looks at how and why a person died. It's separate from any compensation claim by the family, though the evidence it gathers can matter to one. Ask a lawyer early about any claim the family may have.

Choosing a Sydney medical negligence lawyer

A useful marker is an accredited specialist in personal injury law, a solicitor who has passed extra assessment through the Law Society of NSW. It isn't required to practise, and you can search for specialists with the Law Society's Find a Lawyer service. Beyond that, ask who will run your file day to day, how many claims like yours they've handled, and how they get independent expert reports.

Most firms here offer no win, no fee terms, which means you pay professional fees only if the claim succeeds. Points to check:

  • Uplift fees: a lawyer can charge an uplift for taking on the risk, capped by law at 25% of the legal costs, not counting disbursements
  • No percentage fees: NSW lawyers can't charge a percentage of your compensation as their fee
  • Disbursements: expert medical reports are a big cost in these claims. Ask who pays them if the claim fails
  • The other side's costs: if you lose in court, you may be ordered to pay them
  • Small claims: if you recover $100,000 or less, the law caps your lawyer's costs at 20% of the amount or $10,000, whichever is greater, unless you've signed a costs agreement that says otherwise

Your lawyer must give you a written costs disclosure when you engage them. Legal aid isn't available for medical negligence matters in NSW, so most people use a private firm, often on no win, no fee terms. LawAccess NSW, 1300 888 529, gives free legal information and referrals.

Sydney medical negligence law: common questions

How long do I have to make a medical negligence claim in NSW?

Generally 3 years from when you knew, or should have known, that you'd been injured, that someone's fault caused it and that it was serious enough to sue over, with an outer limit of 12 years from the treatment. Because the clock can start before you've worked out what went wrong, get advice as soon as you suspect a problem. For a child, the clock can run from what a parent knew, so get advice early.

Can a complaint to the HCCC get me compensation?

No. The Health Care Complaints Commission deals with the conduct of health providers and patient safety. It says it can't award damages or compensation or order a refund. To get compensation you need to make a claim, usually with a lawyer's help.

Is a bad result from surgery or treatment always negligence?

No. You need to show the care fell below the standard expected and that this caused your injury. Some treatments carry risks even when done well. That's why lawyers get an independent expert in the same field to review your records before a claim goes far.

What is the 15% threshold for pain and suffering?

In NSW you can only claim damages for pain and suffering if your injury is at least 15% of a most extreme case. Below that, you get nothing for pain and suffering, though you may still claim lost earnings and medical and care costs.

Does Legal Aid NSW help with medical negligence claims?

Not with the claim. Legal aid isn't available for matters involving medical negligence. Legal Aid NSW does give advice about coronial inquests, and LawAccess NSW on 1300 888 529 offers free information and referrals. Most firms on this list offer no win, no fee terms.

What is an accredited specialist in personal injury law?

A solicitor who has passed extra assessment in personal injury law through the Law Society of NSW. Medical negligence claims fall within personal injury law. Accreditation isn't required to practise, but it's a sign of depth. You can search for one on the Law Society's Find a Lawyer service.

What happens if a family member died after medical treatment?

If the death may be linked to a procedure and wasn't expected, it must be reported to the coroner, and family members can ask the coroner to look into a death that wasn't reported. Family members may also have their own claims, so speak to a lawyer early.

General information only, not legal advice.

Related pages

Sources for the legal information on this page