Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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When you place your trust in a doctor, you’re not just handing over your medical history — you’re trusting someone with your health, your future, and in some cases, your life. Discovering that the care you received may have caused you serious harm is a deeply unsettling experience, and one that many people struggle to make sense of alone.
At Fair Go Australia, we work exclusively on professional negligence claims. If you believe a doctor’s negligence has caused you harm, we can help you understand your options — clearly, honestly, and at no upfront cost to you. We operate on a no-win, no-fee basis, and every case begins with a free, confidential evaluation.
A claim against a doctor arises when a medical professional’s care falls below the standard that a reasonably competent practitioner in the same field would have provided, and that failure causes the patient measurable harm.
In legal terms, four elements must be established: a duty of care owed by the doctor to the patient, a breach of that duty, a causal link between the breach and the harm suffered, and actual loss or damage as a result. This is the framework that Australian courts apply, shaped significantly by the High Court’s landmark decision in Rogers v Whitaker [1992] HCA 58 — a case that remains the foundation of medical negligence law in Australia, particularly around a doctor’s obligation to disclose material risks before treatment.
The applicable legislation varies by state. In New South Wales, the Civil Liability Act 2002 (NSW) governs the assessment of negligence and damages. Victoria applies the Wrongs Act 1958 (VIC), Queensland the Civil Liability Act 2003 (QLD), and each remaining state and territory has its own equivalent. Despite these differences, the core legal framework is consistent across Australia.
Doctors in Australia are registered and regulated by the Australian Health Practitioner Regulation Agency (AHPRA), which sets the professional standards that underpin any assessment of whether their conduct fell short.
Medical negligence takes many forms. Below are some of the situations we most commonly see — if something in this list sounds familiar, it may be worth getting advice.
These are examples only. Every situation is different, and the team at Fair Go Australia assesses each case on its own facts.
To succeed in a claim against a doctor, four legal elements need to be established. They’re not complicated in principle — but applying them to a specific set of facts requires careful analysis.
Duty of care
Doctors owe a duty of care to their patients. This is almost never disputed — the moment a doctor-patient relationship is established, the duty exists. The more important questions are what that duty required in the circumstances, and whether it was met.
Breach of the standard of care
The central question in most doctor negligence claims is whether the treatment or conduct fell below the standard of a reasonably competent medical professional practising in the same field. This is not a perfection standard — doctors are human, and medicine involves judgment calls. What the law asks is whether the doctor’s conduct was within the range of what a reasonable, competent practitioner would have done.
Under the Civil Liability Acts across Australia, a doctor can raise a peer professional opinion defence — arguing that their conduct was consistent with accepted practice in their field. Critically, however, courts are not automatically bound by that opinion. If the accepted practice is not itself reasonable, the defence will not succeed.
Causation
Establishing that the doctor’s care fell short is only part of the picture. You also need to show that the breach caused the harm you suffered. Courts apply what’s known as the “but for” test: but for the doctor’s negligence, would the harm have occurred?
This is often the most contested element in medical negligence cases. Pre-existing conditions, the progression of disease, and the inherent uncertainty of medical outcomes all complicate causation arguments. Independent expert evidence is almost always required to address it properly.
Loss or damage
Finally, the breach must have resulted in actual loss — whether physical, psychological, financial, or a combination of all three. This might be the cost of corrective treatment, lost income due to an inability to work, ongoing care expenses, or pain and suffering that has meaningfully affected your quality of life.
Making a legal claim can feel overwhelming when you’re already dealing with the aftermath of medical harm. The process below is how it typically unfolds — and at every stage, the team at Fair Go Australia handles the legal complexity so you don’t have to navigate it alone.
Free case evaluation
Contact us for a no-obligation assessment of your situation. We’ll listen to what happened, ask some initial questions, and give you an honest view of whether your circumstances suggest a viable claim.
Gathering your medical records
Building a claim starts with the evidence. We assist you in obtaining your full medical records, clinical notes, referral letters, test results, and any relevant correspondence. You don’t need to have these ready before getting in touch.
Independent expert medical review
A qualified independent medical expert — someone with specialist knowledge in the relevant field — reviews the records and provides an opinion on whether the care you received met the required standard. This is the backbone of most medical negligence claims.
Negotiation and settlement
A significant number of medical negligence claims resolve at this stage, without going to trial. Once liability and loss are established through expert evidence, the responsible party’s insurer typically engages in settlement discussions. We negotiate on your behalf.
Litigation if required
If settlement cannot be reached, we file proceedings in the appropriate court — the Supreme Court or District Court in your state, depending on the nature and value of the claim. We prepare and run the litigation. Your role is to instruct us and provide information — the legal work is ours to manage.
The amount and type of compensation available in a claim against a doctor depends on the specific harm suffered and the financial losses that have flowed from it. While we can’t put a number on a claim until it has been properly assessed, below are the main categories that courts and insurers consider.
The right compensation for your situation will only become clear after a proper assessment. Getting advice early — before a limitation period closes — is the most important step you can take.
This is one of the most critical questions in any medical negligence matter, and the answer depends on where you live.
In most Australian states and territories, the limitation period for a personal injury claim — which includes medical negligence — is three years from the date you discovered, or ought reasonably to have discovered, the injury. This discovery rule is particularly significant in medical negligence because harm isn’t always apparent immediately. A misdiagnosis may not become clear until years later; the consequences of a surgical error may take time to fully manifest.
| State / Territory | Limitation Period | Relevant Act |
|---|---|---|
| New South Wales | 3 years from discovery | Limitation Act 1969 (NSW) |
| Victoria | 3 years (personal injury) | Limitation of Actions Act 1958 (VIC) |
| Queensland | 3 years from discovery | Limitation of Actions Act 1974 (QLD) |
| Western Australia | 3 years (personal injury) | Limitation Act 2005 (WA) |
| South Australia | 3 years from discovery | Limitation of Actions Act 1936 (SA) |
| Tasmania | 3 years (personal injury) | Limitation Act 1974 (TAS) |
| ACT | 3 years from discovery | Limitation Act 1985 (ACT) |
| Northern Territory | 3 years from discovery | Limitation Act 1981 (NT) |
Act before time runs out
Missing a limitation deadline can permanently end your right to claim — regardless of how strong your case is on the merits. Special rules apply for minors and for people under a legal disability. If you are at all uncertain whether your limitation period is still open, please contact us as soon as possible for a free assessment.
Unlike many other professional negligence claims, claims against doctors almost always come down to what the independent medical evidence says.
Courts do not assess a doctor’s conduct in isolation. To establish that the standard of care was breached, you need an independent expert — a medical professional in the same or a closely related specialty — to review what happened and provide an opinion on whether it was consistent with accepted practice. Their report is typically the most influential document in the entire claim.
An expert reviews all relevant medical records, assesses the clinical decision-making at each key point, and forms a view on whether a competent practitioner in the same circumstances would have acted differently. Where causation is disputed, a separate expert may need to address whether the negligent act actually caused the harm complained of, or whether the outcome was likely regardless.
Under the Civil Liability Acts across Australia, a doctor can raise a peer professional opinion defence — pointing to the views of other practitioners as support for what they did. But courts are not required to accept this if the practice itself is not considered reasonable. This is an important safeguard: medical consensus does not automatically shield a negligent practitioner from liability.
At Fair Go Australia, we coordinate the expert evidence process as part of running your claim. You don’t need to find or brief experts yourself — this is part of what we do.
There are a lot of law firms in Australia. Very few of them do what we do.
Specialist focus only
Professional negligence is the only area we work in. That depth of focus matters when your case involves complex medical evidence, multiple expert reports, and an insurer on the other side with considerable resources.
No win, no fee — genuinely
You’ve already suffered enough. We don’t ask you to carry the financial risk of the claim as well. If your claim doesn’t succeed, you don’t owe us legal fees. We discuss any potential costs openly from the very first conversation.
Australia-wide reach
Wherever you are in Australia, we can help — including rural and regional areas where specialist legal services are harder to find.
We tell you the truth
Not every situation gives rise to a claim. If we don’t think your matter has reasonable prospects, we’ll tell you clearly and explain why. We’d rather have an honest five-minute conversation than raise your hopes unnecessarily.
Start with a free, confidential case evaluation — no legal jargon, no pressure, no cost. We respond within one business day.
Yes — if the misdiagnosis caused you measurable harm and the doctor’s conduct fell below the standard of a reasonably competent practitioner. A misdiagnosis alone isn’t enough; you need to show that a correct and timely diagnosis would have led to a meaningfully better outcome. The four elements — duty, breach, causation, and loss — all need to be established. A free case evaluation can help you work out whether your situation meets this threshold.
It varies significantly depending on the complexity of the medical issues involved, whether the claim settles or proceeds to trial, and the jurisdiction you’re in. Many claims resolve within 12–24 months through negotiation, without a trial. More complex matters — particularly those involving serious or permanent injury, or where liability is genuinely disputed — can take longer. We’ll give you a realistic timeframe once we’ve assessed your specific situation.
Following the High Court’s decision in Rogers v Whitaker [1992] HCA 58, the standard is what a reasonably competent medical professional in the same specialty would have done in the same circumstances. Importantly, this is not simply what the medical profession agrees is acceptable — courts can find a breach even where a doctor’s conduct was consistent with widespread practice, if that practice is not itself considered reasonable.
No. A legal claim for compensation and a complaint to AHPRA are entirely separate processes, and one does not depend on the other. An AHPRA complaint is about professional conduct and may result in disciplinary action against the doctor. A legal claim is about obtaining financial compensation for the harm you suffered. Both can be pursued at the same time, and we can advise you on how to approach each.
At Fair Go Australia, we work on a no-win, no-fee basis — which means no upfront legal fees. There may be disbursements (expenses like expert report fees and court filing fees) that arise during the claim, and we explain these to you clearly at the outset. Nothing happens without your informed agreement.
Yes. Signing a consent form does not prevent a claim. A consent form records that you agreed to undergo a procedure, but it does not waive your right to be treated with reasonable care. If the doctor failed to adequately disclose material risks before you signed — which is exactly what Rogers v Whitaker addresses — or if the care provided was negligent, a claim may still be available.
Our goal is to help people in the best way possible. this is a basic principle in every case and cause for success. contact us today for a free consultation.
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