How long do I have to sue for the wrong medication?

In Australia, the limitation period for medical negligence claims is generally three years from the date of discovery of the injury. However, exceptions may apply in certain circumstances. Learn more: How long after the fact can I make a medical negligence claim?

How long does a medication error claim take?

Though complex cases may take longer, claims typically take 18 to 24 months to resolve. Factors affecting the timeline include: The complexity of medical issues Availability of evidence Cooperation of healthcare providers Court scheduling

What if the medication error happened in a private hospital?

Claims can be made against both public and private healthcare providers. The process for pursuing a claim is similar, but there may be differences in insurance arrangements, as private hospitals often have their own malpractice insurance. Liability can extend to both the individual medical professionals and the hospital itself, depending on the circumstances. Patients should document the error, gather relevant medical records, and may wish to consult with legal experts to understand their rights and potential compensation.

How can I protect myself from medication errors?

Keep a current list of all medications Inform all healthcare providers about allergies Ask questions about new prescriptions Report any unusual reactions promptly Double-check medications before taking them

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Can You Sue a Doctor For Giving Wrong Medication?

Written by: Julie Baqleh
Last Updated: September 1, 2025
Read time: 9m

Yes, in Australia you can sue a doctor for giving wrong medication if their actions constitute medical negligence. But, to succeed, you must prove the doctor breached their duty of care, and this breach directly caused your injury or harm.

Medication errors remain one of the most frequently reported medical incidents in Australia, with potentially devastating consequences for patients and their families. According to a 2021 National Library of Medicine study, administration errors are the leading cause of medication-related problems in healthcare settings. Another study, reviewing data from 1988 to 2021 found that at least 250,000 admissions annually are medication-related. Alarmingly, two-thirds of these admissions are deemed potentially preventable.

If you or a loved one has suffered harm due to incorrect medication, understanding your legal rights and options is crucial. In this article, we’ll walk you through everything you need to know about taking legal action for medication errors in Australia. We’ll explore how to recognise medical negligence, understand your legal rights, gather evidence to support your case and navigate the compensation process.

What constitutes medical negligence in medication errors?

Medical negligence in medication errors extends far beyond simply receiving the wrong tablets. They can be serious incidents with lasting effects on your health, recovery, and trust in the healthcare system.

Being given the wrong medication, the wrong dose, or receiving it at the wrong time can:

Disrupt your treatment
Cause harmful side effects
Trigger allergic reactions
Lead to dangerous drug interactions.

The impact isn’t only physical. Many patients feel anxious, confused, or betrayed, especially when the mistake comes from professionals they trusted.

So when does a medication error become medical negligence?

Under Australian law, as established in Rogers v Whitaker (1993), healthcare providers owe patients a duty of care, which includes properly assessing risks and ensuring safe prescribing, communication, and follow-up. A medication error becomes negligence when that duty is breached and actual harm results.

Consider the following scenario.

Your doctor prescribes medication without checking your medical history or current medications. This oversight leads to a severe drug interaction that requires hospitalisation. This isn’t just a simple mistake. It’s a breach of the medical professional’s duty of care under the Civil Liability Act 2002 (NSW) or similar legislation in other states.

If you believe you’ve been affected by a medication error or medical negligence, visit our guide for practical steps to take after receiving the wrong medication.

Common types of medication errors

Medication errors are a serious form of medical malpractice, often resulting from miscommunication, misdiagnosis, or system failures. They can occur at any stage of the prescribing, dispensing, or administering process. These errors can lead to significant harm, especially when linked to medical misdiagnosis or the failure to properly manage a patient’s condition.

Medication errors may include:

Prescribing the wrong medication without reviewing a patient’s history
Failing to check for drug interactions
Administering medication incorrectly or at the wrong time
Illegible handwriting leading to dispensing errors
Ignoring known allergies or contraindications.

Establishing liability and securing compensation for wrong medication

The process is more nuanced, and understanding this can make the difference between a successful medical negligence claim and a dismissed case.

Step 1: Prove doctor-patient relationship

The doctor-patient relationship extends beyond mere visits to a healthcare provider. The landmark case of Varipatis v Almario (2013), along with subsequent Court of Appeal decisions, underscores that this relationship must involve direct medical care and advice.

The ruling clarifies that a patient cannot hold a doctor legally accountable for failing to follow medical advice. Once a patient is adequately informed by their doctor about investigation results and treatment options, it is the patient’s responsibility to decide whether to adhere to that advice.

The law acknowledges both “informed consent” and “informed refusal” as legally valid concepts.

Example scenario

For example, in cases involving medication errors and pharmacy negligence, legal responsibility may be shared between healthcare professionals.

If a doctor provides a valid prescription and clearly informs the patient about the medication, its purpose, and possible side effects, their legal duty is typically considered fulfilled. However, if a pharmacist then incorrectly fills that prescription—such as dispensing the wrong drug or dosage—that may amount to pharmacy negligence, separate from any fault on the doctor’s part.

This distinction highlights that each professional—doctor and pharmacist—has a distinct duty of care. The patient, once properly informed, also carries responsibility for following or refusing treatment, consistent with the legal principles of informed consent and informed refusal established in Varipatis v Almario and upheld in later cases.

Step 2: Demonstrate a breach of professional standards

Australian courts use what’s called the “peer professional opinion” test, as outlined in Section 50 of the Civil Liability Act 2002 (NSW). This means comparing your doctor’s actions against what a reasonable body of medical professionals would have done in the same situation.

The question becomes: Would other competent doctors in similar circumstances have made the same medication error?

Step 3: Establish causation and damages

This is where many wrong medication, prescription malpractice, and pharmacy negligence cases become complex.

It’s not enough to show that a mistake occurred; you must also prove that the error directly caused your injury or made your condition worse.

We often see cases where multiple factors contribute to a patient’s deterioration, such as pre-existing conditions, other treatments, or natural disease progression. The legal challenge is to isolate the impact of the medication error from these other contributing elements.

Example scenario

For example, if you’re given the wrong heart medication and later suffer complications, your legal team must show that those complications were caused by the incorrect medication. They also have to prove that they would likely have been avoided with the correct prescription.

This often requires:

Expert medical testimony to establish what should have happened under proper care
A careful review of medical records, timelines, and treatment notes
Evidence to rule out other plausible causes of the complication.

Establishing this link—known legally as causation—is crucial to a successful claim.

The process of suing for medication negligence

The legal process for suing a doctor for medication errors follows a structured pathway that typically takes 18 to 24 months to complete. Understanding each phase helps you prepare for what lies ahead and ensures you meet all legal requirements.

Phase 1: Initial assessment and case preparation

Your lawyer will first evaluate whether you have a viable claim. This involves:

1. Free consultation	Initial case assessment and merit evaluation
2. Medical record collection	Gathering all relevant documentation from healthcare providers
3. Expert medical opinions	Obtaining expert medical opinions and various assessments to support your claim
4. Formal report preparation	Compiling comprehensive evidence into a legal claim document.

Phase 2: Negotiation and settlement attempts

Once your claim is prepared, the formal legal process begins. This typically involves lodging a formal complaint or statement of claim with the relevant court or tribunal. Then:

5. Defendant response	The defendant (the medical professional or institution you’re claiming against) will have a chance to respond to the claim
6. Negotiation period	There may be a period of negotiation where both sides try to reach a settlement
7. Alternative dispute resolution	This could involve mediation or other forms of dispute resolution.

Phase 3: Mediation

Mediation is a crucial step where all parties attempt to reach a settlement without going to court. Once the report is finalised, the next step is mediation, where all parties meet and attempt to resolve the medical negligence claim by reaching a settlement.

Many medical negligence claims are resolved at this stage, and a settlement is agreed upon.

Phase 4: Court proceedings

If mediation fails to reach a settlement, your case proceeds to court. If a settlement cannot be reached, formal legal proceedings will be commenced by filing Court documents, and the court will order that the parties take part in a mediation to attempt settlement of the claim.

If the matter remains unresolved, the case moves toward trial. This includes detailed preparation, such as drafting witness statements and organising expert evidence.

Call us for confidential, free legal advice.

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Compensation for wrong medication and medication error cases

If you’ve been given the wrong medication or suffered harm due to a medication error, you may be entitled to significant compensation.

While physical injuries are often the most visible impact of medication errors, courts increasingly recognise other forms of harm. Compensation can also be sought for:

Psychological trauma and anxiety about future medical treatment
Impact on family relationships
Career disruption and lost opportunities

Here is some insight into possible compensation ranges based on the severity of your injury.

Minor to moderate injuries (resolved within 12 months)	$50,000 to $150,000
Serious injuries requiring ongoing treatment	$150,000 to $500,000
Severe or permanent injuries	$500,000+
Fatal medication errors	Compensation to dependents can exceed $1 million

NB: These are simply compensation estimates. Each case must be assessed on its merits, considering the unique circumstances and impact on the patient’s life.

What compensation covers

Medical negligence compensation aims to restore you to the position you would have been in without the medication error. This includes:

Economic damages:

Past and future medical expenses
Lost wages and reduced earning capacity
Care and assistance costs
Rehabilitation expenses

Non-economic damages:

Pain and suffering
Loss of enjoyment of life
Psychological trauma and anxiety
Impact on family relationships

In fatal cases:

Funeral expenses
Loss of financial support to dependents
Loss of companionship and guidance

Find out how much you can claim today.

Building a strong medication negligence case: Timeframes and proof needed

If you’re seeking compensation for wrong medication, it’s not enough to simply show that a mistake occurred. You must meet strict legal requirements, including providing solid evidence and acting within the legal time limits.

Medication error time limitations and deadlines

Time is critical in medical negligence cases.

You typically have three years from the date you discover the error and its impact. However, every state has its own laws and regulations surrounding medical malpractice.

These are:

New South Wales: Civil Liability Act 2002
Victoria: Wrongs Act 1958
Western Australia: Civil Liability Act 2002
Queensland: Personal Injuries Proceedings Act 2002

Important timing considerations:

The clock starts from when you discovered (or should have discovered) the injury
Different states may have slight variations in limitation periods
Extensions may be available in exceptional circumstances

Because building a strong case takes time, it’s essential to seek legal advice from a medication error lawyer as soon as possible.

Evidence requirements

Australian courts require clear proof that the medication error directly caused your harm. This includes:

1. Medical records	Complete documentation of all treatment and medication history
2. Expert medical opinions	Obtaining independent medical reports can also be very costly but is essential
3. Witness statements	From healthcare providers and family members
4. Financial documentation	Proof of medical expenses and lost income
5. Photographic evidence	Images of medications, reactions, or injuries

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Next steps with GMP Law

At GMP Law, we offer No Win, No Fee representation, so you won’t pay legal fees unless your claim is successful. If you believe you’ve been affected by medical negligence, acting early can make a real difference.

Here’s how to get started:

Frequently Asked Questions

How long do I have to sue for the wrong medication?
In Australia, the limitation period for medical negligence claims is generally three years from the date of discovery of the injury. However, exceptions may apply in certain circumstances.

Learn more: How long after the fact can I make a medical negligence claim?
Who can be held liable for medication errors?
Multiple parties may be liable, including:
- Prescribing doctors
- Pharmacists
- Nurses
- Hospitals
- Medical clinics
- Healthcare facilities.

Who can be held liable for medication errors?

Liability for medication errors can fall on several parties, depending on how and where the mistake occurred. Those who may be held legally responsible include:

Prescribing doctors	For prescribing the wrong medication or dosage, or failing to consider allergies or drug interactions
Pharmacists	For dispensing the wrong medication or instructions despite receiving a valid prescription
Nurses	For administering medication incorrectly, such as giving the wrong dose or delivering it at the wrong time
Hospitals and clinics	For systemic failures, poor communication, understaffing, or inadequate training
Healthcare facilities	If their policies, systems, or staff contributed to the error

In many cases, more than one party may share responsibility. A detailed investigation is often needed to determine who breached their duty of care.

How long does a medication error claim take?
Though complex cases may take longer, claims typically take 18 to 24 months to resolve.

Factors affecting the timeline include:
- The complexity of medical issues
- Availability of evidence
- Cooperation of healthcare providers
- Court scheduling
What if the medication error happened in a private hospital?
Claims can be made against both public and private healthcare providers. The process for pursuing a claim is similar, but there may be differences in insurance arrangements, as private hospitals often have their own malpractice insurance.

Liability can extend to both the individual medical professionals and the hospital itself, depending on the circumstances. Patients should document the error, gather relevant medical records, and may wish to consult with legal experts to understand their rights and potential compensation.
How can I protect myself from medication errors?
1. Keep a current list of all medications
2. Inform all healthcare providers about allergies
3. Ask questions about new prescriptions
4. Report any unusual reactions promptly
5. Double-check medications before taking them

About the Author

Julie Baqleh

Partner

Julie Baqleh is a skilled personal injury lawyer with 22+ years' experience. She's a problem solver who gets results for clients facing complex legal challenges. She specialises in Medical Negligence and Institutional Abuse law.

Learn more about Julie Baqleh

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35,000 victories and counting
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The team at GMP® recognise the physical, emotional, and financial toll that injuries have on individuals and their families.

Our commitment to our clients includes:

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Can You Sue a Doctor For Giving Wrong Medication?