Written by: Ray Abbas Doctors have a special place in our society. As trusted professionals, we turn to them at the most important times of our life. We trust them with our health, our bodies and the births of our children and, in most cases, their advice, experience and treatment is truly helpful.
There are times, their care falls short. Doctors in Australia have a duty of care to help patients to the best of their knowledge and resources. Negligence on their part can lead to permanent health complications, an inability to work, or even death.
If you believe the medical treatment you or a loved one received was negligent, you may have grounds for compensation. This November 2025 guide walks through what constitutes medical negligence, the scenarios where you may be eligible, and the steps you can take to sue a doctor for negligence.
What is doctor negligence?
Doctors are not expected to be perfect, but they are expected to take all reasonable steps to prevent or minimise injury. Doctor negligence happens when a healthcare professional fails to provide the standard of care a competent doctor would offer, and that failure causes harm.
These failures can result in:
- Worsened health outcomes or permanent harm
- Serious impacts on quality of life, work, or daily functioning.
To make a successful claim, you need to show that the care you received fell short of what a reasonable doctor would have done in the same situation. This could include mistakes in diagnosis, treatment, advice, or follow-up care. Essentially, anything that a competent doctor would have handled differently to avoid harm.
Who can claim?
You don’t have to be the patient to pursue a medical negligence or hospital negligence claim. Family members, partners, or legal representatives can take action on behalf of someone who has been harmed. This includes cases where a patient has suffered serious injury or death due to negligence.
Claims on behalf of a loved one can provide not only financial compensation but also accountability, helping to ensure that the harm caused is recognised and addressed.
Does misdiagnosis or poor advice count as negligence?
Yes, misdiagnosis, incorrect advice, or incomplete guidance from a doctor can be considered medical negligence if it causes harm. It occurs when the care provided falls below the standard expected of a competent healthcare professional.
Cases are strongest when there is a clear official diagnosis that was wrong and caused negative consequences. But, negligence can also include situations such as:
- Verbal or written instructions that are incomplete or misleading
- Delayed or missed diagnoses
- Surgical negligence including unnecessary or incorrect surgical procedures
- Medication errors, including wrong drugs or dosages
- Failure to warn about risks, side effects, or treatment alternatives.
When a claim goes to court, the key question is whether the care or advice given fell below what a reasonable doctor would have done in the same circumstances. Expert testimony from other medical professionals is often used to demonstrate this, strengthening the claim and supporting entitlement to compensation.
Key takeaway
Bad or incorrect advice from a doctor can count as medical negligence. Legally, any guidance—spoken or written—falls under “health care,” so if following it causes harm, it can form the basis of a claim. To succeed, it must be shown that the advice fell below the standard of a reasonable doctor, that the risks or consequences were foreseeable, and that a competent practitioner would have acted differently.
The legal standard of care
In Australia, doctors are required to provide care that meets the standard of a competent healthcare professional. The Medical Board of Australia sets out a code of conduct, which highlights the key responsibilities a doctor must uphold:
- Assess patients thoroughly: Understand symptoms, medical history, and any relevant risk factors.
- Create an appropriate management plan: Determine a diagnosis, recommend treatments, and plan follow-up care.
- Refer when necessary: Ensure patients see the right specialists or additional healthcare providers.
- Support informed decisions: Provide clear information about risks, benefits, and alternatives so patients can make informed choices.
- Treat patients with respect and minimise risk: Make use of the full healthcare system to provide safe, competent care.
The court considers whether a doctor’s actions or advice fell below these expected standards when determining negligence. If the care you received did not meet these requirements and caused harm, you may have grounds for a claim.
If you’re unsure whether your case meets the legal standard of care, a consultation with one of our doctor negligence lawyers can help assess your eligibility and guide you through the next steps.
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What are the steps to suing a doctor for negligence?
Whether it’s a GP, specialist, or hospital, malpractice doctors can be held liable when their care falls below professional standards and causes harm. Understanding how to sue a doctor in Australia begins with collecting evidence, documenting your health journey, and consulting an experienced medical negligence lawyer.
| 1. Gather your medical records | Request all relevant records from doctors’ offices, hospitals, and any other healthcare providers involved in your care. Include everything from your first appointment to any follow-up treatment related to the suspected negligence. Complete documentation forms the backbone of your case. |
| 2. Create a detailed health timeline | Map out your health journey, starting from when you first sought treatment. Include every appointment, symptom, treatment, and outcome. A clear timeline helps demonstrate the impact of the alleged negligence. |
| 3. Document advice, treatment, and aftercare | Record all recommendations, instructions, medications, procedures, and follow-up care you received. Note anything unusual, delayed, or inconsistent with standard medical practice. |
| 4. Identify potential witnesses | Make a list of people who can testify about your health before and after the incident. This could include family, friends, co-workers, therapists, or other healthcare professionals who have observed your condition or treatment. |
| 5. Book a consultation with a lawyer | Schedule a meeting with an experienced medical negligence lawyer. Bring your records, timeline, and witness list. The lawyer will review the information, explain your options, and advise whether you have a case for medical negligence, personal injury, or pain and suffering compensation. |
| 6. Plan your case and next steps | During your consultation, your lawyer will outline a clear strategy and recommend the appropriate actions. If you hire them, they will guide you through the legal process, aiming to achieve the best possible outcome. Many firms, including GMP Law, operate on a No Win, No Fee basis, so you won’t pay if your claim is unsuccessful. |
How much compensation can you get for doctor negligence?
The amount of compensation you may receive for doctor negligence depends on the severity of harm, the impact on your life, and the losses you’ve suffered. Cases can range from hundreds of thousands of dollars to over $1 million.
Here are some examples of outcomes from previous cases:
| Type of negligence | Compensation | Case details |
|---|---|---|
| GP failed to provide appropriate care, causing severe pain and extra surgeries | $300,000 | The client cut her right thumb and repeatedly complained of severe pain and limited movement. The GP dismissed symptoms as normal, delaying proper diagnosis. Later hospital tests revealed a ruptured tendon requiring multiple surgeries and a year-long rehabilitation. The client now has permanent disability affecting daily life and work. |
| Doctor negligence that resulted in unnecessary surgery | $405,000 | A client underwent a hemicolectomy for pre-cancerous polyps. Post-surgery, signs of infection were ignored, causing septicaemia, further surgery, and a temporary stoma. Expert review revealed the polyp was smaller than estimated and the surgery should have been avoided. Additional expert reports highlighted delayed care and emotional harm. The case was settled out of court. |
| GP inaction led to condition worsening, resulting in leg amputation | $1,000,000 | The client developed leg pain and swelling but was not referred for proper tests or specialist care. The condition worsened, leading to below-the-knee amputation. Expert reports confirmed that timely referral would have prevented amputation. Additional reports detailed the client’s need for ongoing care and psychological support due to pain and distress. |
Economic damages (loss of income, medical costs)
If your doctor’s negligence has caused financial loss, you may be entitled to compensation. Key areas include lost income and medical costs.
| Lost income |
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| Medical expenses |
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Lawyer insight
Inability to return to work is often one of the largest components of economic damages. Keep a detailed record of all lost wages, overtime missed, and superannuation contributions. Also track every medical expense, therapy session, prescription, or travel cost related to your treatment. Maintaining organised receipts, pay stubs, and medical invoices can make a significant difference when calculating your claim and presenting evidence.
Non-economic damages (pain and suffering)
Depending on your case, you may be eligible for an additional lump sum for pain and suffering (physical and psychological distress) caused by your injury. This covers:
- Physical pain, discomfort, or visible injuries
- Psychological distress, including anxiety, depression, or trauma
- Loss of enjoyment of life or inability to participate in daily activities.
The burden of proof for this additional compensation is high and typically is only awarded if you’ve suffered extreme losses.
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What is the time limit to sue a doctor in Australia?
If you’re planning to sue a doctor for negligence, it’s important to know about the different medical negligence timeframes. In New South Wales, there are two important time restrictions to be aware of:
- Three years from the date of discovery
- Twelve years from the date of the act.
In the first case, there’s a three-year limitation period from your date of discoverability. The ‘date of discoverability’ refers to the day you found out you had received negligent care. For example, if the doctor’s actions happened on 1 November 2025 and discovered the negligence on 31 November 2025, you would need to begin your court case no later than 31 November 2028.
As well as this limitation, there’s also a 12-year limitation period from the date of the doctor’s act or omission. If your date of discoverability is 10 years after this date, the 12-year limit would outweigh the three-year post-discoverability period. In this example, it means a claim could be taken to court no later than 1 November 2037.
Key takeaway
Always act as soon as possible after discovering harm. Filing early allows your lawyer to gather evidence while it’s fresh, locate witnesses, and avoid complications with limitation periods that could prevent your claim.
